Passenger Rights Under Indian Railways: A Comprehensive Legal Guide
Sep 8
3 min read
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India’s railway network is the fourth largest in the world, carrying over 8 billion passengers annually. Yet, many travelers are unaware that their rights are not just moral expectations but are legally enforceable under the Railways Act, 1989, the Railway Passengers (Cancellation of Ticket and Refund of Fare) Rules, 2015, the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, and the Consumer Protection Act, 2019.
This article provides a complete legal guide to the rights of train passengers, the statutory provisions that safeguard them, and the remedies available when these rights are violated.
1. Right to Refund of Fare
Under Railway Passengers (Cancellation of Ticket & Refund of Fare) Rules, 2015,
When Refunds Are Allowed:
Full refund if train is cancelled by Indian Railways.
If the train is delayed by 3+ hours at the journey’s starting station.
If a passenger is made to travel in a lower class than booked → refund of fare difference.
If AC fails in an AC coach → refund of AC charges.
If the train is diverted and the passenger does not wish to travel.
What To Do:
Cancel on IRCTC (online) or at reservation counters. If denied → claim before Railway Claims Tribunal.
2. Right to Compensation in Railway Accidents & Untoward Incidents
As per Railways Act, 1989 – Sections 124 & 124A; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990
Compensation Entitlement of :
₹8 lakh in cases of death or permanent total disability.
Fixed compensation for injuries (as per Schedule) – e.g., loss of hand, foot, eyesight, etc.
Untoward incidents (like terrorist attacks, accidental falls from trains) are also covered.
What To Do:
File a claim before the Railway Claims Tribunal within 1 year. No proof of negligence is required — liability is strict
3. Right to Compensation for Lost or Damaged Luggage
Law: Railways Act, 1989 – Sections 100–103
Passenger Entitlements: For booked luggage: Railway is strictly liable.
For personal/carry-on items: Liability arises only if negligence is proven.
If luggage is of high value, passenger must declare value and pay percentage fee to claim higher compensation.
What To Do:
Report immediately to station master or TTE.
File claim before Railway Claims Tribunal with proof of booking receipt.
4. Right to Clean Food, Water & Hygiene
Law: Railways Act, 1989 – Sections 57 & 57A; Food Safety and Standards Act, 2006; Consumer Protection Act, 2019
Entitlements:
Railway must provide safe drinking water, hygienic food, and sanitary washrooms.
Overcharging by pantry vendors is illegal.
Poor food quality or unhygienic conditions amount to deficiency of service under consumer law.
What To Do:
Lodge complaints via RailMadad App, call 139, or tag @RailMinIndia.
For repeated violations → file case before Consumer Forum.
5. Right to Reserved Accommodation
Law: Railways Act, 1989 – Section 61
Entitlements:
A confirmed ticket guarantees a berth/seat.
If unavailable, passenger must be provided with alternate arrangement in the same or higher class, or refunded.
What To Do:
Report immediately to TTE/Station Master.
Escalate unresolved issues through RailMadad or Tribunal.
6. Right to Compensation for Train Delays (Premium Trains)
Law: Ministry of Railways Circular, 2016 (IRCTC Tejas Policy)
Entitlements:
On certain premium trains, like Tejas Express:
■ ₹100 refund if delayed by 1 hour.
■ ₹250 refund if delayed by 2+ hours.
Policy may extend to other premium trains in future.
What To Do:
File claim through the IRCTC portal after the journey.
Enforcement Mechanisms: What To Do If Rights Are Violated
Helpline Numbers
182 → Railway Protection Force (RPF) & Government Railway Police (GRP) for security, theft, harassment, assault.
139 → General helpline for refunds, food complaints, hygiene, and ticketing issues.
Digital Platforms
RailMadad App/Website → Complaint redressal for refunds, catering, hygiene, and delays.
IRCTC Portal → For cancellation, refund, and delay compensation claims.
Legal Forums
Railway Claims Tribunal → Jurisdiction over compensation claims relating to accidents, death, injury, luggage loss/damage, and refund disputes.
Consumer Forum → For poor service, overcharging, unhygienic food, deficiency in amenities.
Conclusion
The Indian Railways is not merely a transport provider but a public utility bound by statutory obligations. The laws clearly spell out passenger entitlements from refunds and safety to hygiene and delay compensation.
Unfortunately, many passengers remain unaware of these rights, which allows inefficiency and neglect to go unchecked. Awareness is the first step to accountability: by understanding your rights and knowing how to enforce them whether through helplines, apps, or legal forums, you can ensure fair treatment and safer, more dignified journeys.
