law: Railways Act, 1989
  138. Levy of excess charge and fare for traveling without
  
  proper pass or ticket or beyond authorized distance. 
  (1) If any passenger,- 
  (a) being in or having alighted from a train,
  
  fails or refuses to present for examination or to deliver up his pass or ticket
  
  immediately on a demand being made therefor under section 54, or
  (b) travels in a train in contravention of the
  
  provisions of section 55, he shall be liable to pay, on the demand of any
  
  railway servant authorized in this behalf, the excess charge mentioned in
  
  sub-section (3) in addition to the ordinary single fare for the distance which
  
  he has traveled or, where there is any doubt as to the station from which he
  
  started, the ordinary single fare from the station from which the train
  
  originally started, or, if the tickets of passengers traveling in the train
  
  have been examined since the original starting of the train, the ordinary
  
  single fare from the place where the tickets were so examined or in the case of
  
  their having been examined more than once, were last examined. 
  (2) If any passenger,- 
  (a) travels or attempts to travel in or on a
  
  carriage, or by a train, of a higher class than that for which he has obtained
  
  a pass or purchased a ticket ; or
  (b) travels in or on a carriage beyond the
  
  place authorized by his pass or ticket, he shall be liable to pay, on the
  
  demand of any railway servant authorized in this behalf, any difference between
  
  the fare paid by him and the fare payable in respect of the journey he has made
  
  and the excess charge referred to in sub-section (3). 
  (3) The excess charge shall be a sum equal to the amount payable
  
  under sub-section (1) or sub-section (2), as the case may be, or fifty rupees,
  
  whichever is more :
  Provided  that if the passenger has with him a
  
  certificate granted under sub-section (2) of section 55, no excess charge shall
  
  be payable.
  (4) If any passenger liable to pay the excess charge and the
  
  fare mentioned in sub-section (1), or the excess charge and any difference of
  
  fare mentioned in sub-section (2), fails or refuses to pay the same on a demand
  
  being made there for under one or other of these sub-sections, as the case may
  
  be, any railway servant authorized by the railway administration in this behalf
  
  may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first
  
  or second class, as the case may be, for the recovery of the sum payable as if
  
  it were a fine, and the Magistrate if satisfied that the sum is payable shall
  
  order it to be so recovered, and may order that the person liable for the
  
  payment shall in default of payment suffer imprisonment of either description
  
  for a term which may extend to one month but not less than ten days.
  (5) Any sum recovered under sub-section (4) shall, as and when
  
  it is recovered, be paid to the railway administration.