IndiaI lost items on a train. What is the railway's liability?
Indian Railways is liable for loss or damage to booked luggage or parcels under the Indian Railways Act, 1989, but not for unbooked items carried by passengers. Liability is capped at ₹100 per kg for luggage and ₹500 per parcel unless higher value is declared and extra charges paid.
What the Law Says
The liability of Indian Railways for lost or damaged items is governed by the Indian Railways Act, 1989 and related rules. Key provisions define when liability arises, how much compensation is payable, and procedural requirements.
Railways are only liable for items that have been formally 'booked' — i.e., registered with the railway authorities as luggage (carried with you) or parcels (sent separately). Unbooked belongings — like bags kept on racks or under seats — are not covered under statutory liability.
For booked luggage, compensation is limited to ₹100 per kilogram unless the passenger declares a higher value at booking and pays additional charges. For parcels, the limit is ₹500 per parcel, again subject to declaration and extra fee.
A claim must be filed within 30 days of the date of arrival (or expected arrival) using Form No. 12. However, the overall limitation period to file a suit in court is 180 days from the date of loss or breach — as clarified under Section 112 of the Indian Railways Act, 1989.
Statutory TextThe liability of a railway administration for loss, destruction, damage, deterioration or non-delivery of any luggage or parcel shall not exceed one hundred rupees per kilogramme thereof…
— Indian Railways Act, 1989, s. 107(1) — Liability for loss, etc., of luggage or parcels
Statutory TextNo suit shall be instituted against a railway administration… after the expiry of one hundred and eighty days from the date on which the cause of action arose.
— Indian Railways Act, 1989, s. 112 — Limitation for suits
What Courts Have Said
Indian courts have consistently held that railways are not insurers of unbooked property and that strict compliance with statutory timelines and procedures is mandatory for claims.
Held that railways owe no contractual or statutory duty for unbooked items; liability arises only upon formal booking and payment of freight.
Reaffirmed that delay in filing Form No. 12 beyond 30 days forfeits the administrative claim, though the 180-day limitation under Section 112 applies for civil suits.
What to Do
Immediately report the loss to the Train Ticket Examiner (TTE) or Station Master and obtain a written acknowledgment.
File a written claim using Form No. 12 at the originating or destination station within 30 days of arrival.
Attach proof of booking, receipt, identity, and evidence of value (e.g., invoice) — especially if claiming above ₹100/kg or ₹500/parcel.
If the claim is rejected or unanswered within 30 days, file a civil suit in the appropriate district court within 180 days of loss.
Keep all communication records — emails, SMS, postal receipts — as evidence of timely action.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.