This crime is done by damaging railways, telegraph or telephone lines.
Railway system – includes electric wires, traction cables, signal
system, and other things pertaining to railways
Removing rails from a railway track to cause destruction constitutes
crime involving destruction under Art. 324.
Art. 330 is not applicable when the damaged telegraph/phone lines do
not pertain to a railway system. Hence, cutting telephone lines or
those for transmission of electric power/light not pertaining to
railways is not covered by this article.
If people are killed as a result of the damage caused and the offender
had no intent to kill, the crime is damages to means of communication
with homicide. If there is intent to kill and damaging the railways
was the means to accomplish the criminal purpose, the crime is murder.
If the damage shall result in any derailment of cars, collision or
other accident, a higher penalty shall be imposed.
Derailment of cars should not have been purposely sought for
Question. When as a result of the damage caused to railway, certain
passengers of the train are killed:
Ans.:It depends. Art. 330 says “without prejudice to the criminal
liability of the offender for other consequences of his
criminal act.” If there is no intent to kill, the crime is
“damages to means to means of communication” with homicide
because of the first paragraph of Art. 4 and Art. 48. If
there is intent to kill, and damaging the railways was the
means to accomplish the criminal purpose, the crime is murder