The Delhi High Court has ruled that passengers are responsible for the safety of their luggage during train journeys, and the Railways cannot be held liable for theft unless there is clear evidence of negligence or misconduct by its staff.

Justice Ravinder Dudeja delivered the verdict while dismissing a petition by a man whose backpack—containing a laptop, camera, ATM cards, charger, and glasses—was stolen in January 2013 during a 3rd AC journey from New Delhi to Nagpur.

The man had approached the court after the National Consumer Disputes Redressal Commission (NCDRC) rejected his demand for compensation of ₹84,000 for the stolen goods and an additional ₹1 lakh for alleged harassment due to deficient service. The NCDRC had overturned earlier compensation awards granted by the district and state consumer forums.

In its ruling, the High Court observed that the passenger’s claim was primarily based on the conductor being unavailable and the coach attendant being asleep and allegedly rude. However, there was no evidence that the coach doors had been left open or that unauthorized individuals had entered the compartment.

“The absence of the conductor alone does not establish deficiency in service,” the court noted. “There must be a reasonable connection between the theft and any alleged negligence by railway staff.”

The court further observed that the theft could have been committed by a co-passenger, in which case even the presence of the conductor would have made no difference.

Citing a Supreme Court ruling, the High Court emphasized that safeguarding personal belongings during travel is the responsibility of the passenger.

The Railways, defending its position, highlighted that it is not liable for theft of un-booked luggage. Officials also pointed out that iron rings provided under seats are meant for passengers to secure their luggage, and the petitioner had not used them.

Finding no merit in the plea, the court upheld the NCDRC’s 2024 decision and dismissed the petition.