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An Act further to amend the Railways Act, 1989.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of

India as follows:-

1.

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the

Railways (Second Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. Amendment of section 2.

2. Amendment of section 2.-In section 2 of the Railways Act, 1989 (24

of 1989) (hereinafter referred to as the principal Act),-

(a) after clause (26), the following clause shall be inserted, namely:-

(26A) “officer authorised” means an officer authorised by the Central

Government under sub-section (2) of section 179;;

(b) in clause (34), after the words “service of a railway”, the

following shall be inserted, namely: –

“including member of the Railway Protection Force appointed under

clause (c) of sub-section (1) of section 2 of the Railway Protection

Force Act, 1957 (23 of 1957)”.

 

3. Substitution of new section for section 179.

3. Substitution of new section for section 179.-For section 179 of the

principal Act, the following section shall be substituted, namely:-

Arrest for offences under certain sections.

“179. Arrest for offences under certain sections.-(1) If any person

commits any offence mentioned in sections 150 to 152, he may be

arrested without warrant or other written authority by any railway

servant or police officer not below the rank of a head constable.

(2) If any person commits any offence mentioned in sections 137 to 139,

141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested,

without warrant or other written authority, by the officer authorised

by a notified order of the Central Government.

(3) The railway servant or the police officer or the officer

authorised, as the case may be, may call to his aid any other person to

effect the arrest under sub-section (1) or sub-section (2), as the case

may be.

(4) Any person so arrested under this section shall be produced before

the nearest Magistrate within a period of twenty-four hours of such

arrest excluding the time necessary for the journey from the place of

arrest to the court of the Magistrate.”.

 

4.Amendment of section 180.

 

4. Amendment of section 180.-In section 180 of the principal Act,-

(a) in sub-section (1),-

(i) for the word and figures “section 179”, the words, brackets and

figures “sub-section (2) of section 179” shall be substituted;

(ii) for the words “any railway servant authorised in this behalf or

any police officer not below the rank of a head constable”, the words

“the officer authorised” shall be substituted;

(b) in sub-section (2), for the words “The railway servant or the

police officer”, the words “The officer authorised” shall be

substituted.

 

5.Insertion of new sections 180A to 180G.

5. Insertion of new sections 180A to 180G.-After section 180 of the

principal Act, the following sections shall be inserted, namely:-

 

Inquiry by officer authorised to ascertain commission of offence.

“180A. Inquiry by officer authorised to ascertain commission of

offence.-For ascertaining facts and circumstances of a case, the

officer authorised may make an inquiry into the commission of an

offence mentioned in sub-section (2) of section 179 and may file a

complaint in the competent court if the offence is found to have been

committed. Powers of officer authorised to inquire.

180B. Powers of officer authorised to inquire.-While making an inquiry,

the officer authorised shall have power to,-

(i) summon and enforce the attendance of any person and record his

statement;

(ii) require the discovery and production of any document;

(iii) requisition any public record or copy thereof from any office,

authority or person;

(iv) enter and search any premises or person and seize any property or

document which may be relevant to the subject-matter of the inquiry.

Disposal of persons arrested.

180C. Disposal of persons arrested.-Every person arrested for an

offence punishable under sub-section (2) of section 179 shall, if the

arrest was made by a person other than the officer authorised, be

forwarded, without delay, to such officer.

Inquiry how to be made against arrested person.

180D. Inquiry how to be made against arrested person.-(1) When any

person is arrested by the officer authorised for an offence punishable

under this Act, such officer shall proceed to inquire into the charge

against such person.

(2) For this purpose, the officer authorised may exercise the same

powers and shall be subject to the same provisions as the officer in

charge of a police station may exercise and is subject to the

provisions of the Code of Criminal Procedure, 1973 (2 of 1974), when

investigating a cognizable case:

Provided that-

(a) if the officer authorised is of the opinion that there is

sufficient evidence or reasonable ground of suspicion against the

accused person, he shall either admit him to bail to appear before a

Magistrate having jurisdiction in the case, or forward him in custody

to such Magistrate;

(b) if it appears to the officer authorised that there is not

sufficient evidence or reasonable ground of suspicion against the

accused person, he shall release the accused person on his executing a

bond, with or without sureties as the officer authorised may direct, to

appear, if and when so required, before the Magistrate having

jurisdiction. Search, seizure and arrest how to be made.

180E. Search, seizure and arrest how to be made.-All searches, seizures

and arrests made under this Act shall be carried out in accordance with

the provisions of the Code of Criminal Procedure, 1973 (2 of 1974),

relating respectively to searches and arrests made under that Code.

Cognizance by Court on a complaint made by officer authorised.

180F. Cognizance by Court on a complaint made by officer authorised.-No

court shall take cognizance of an offence mentioned in sub-section (2)

of section 179 except on a complaint made by the officer authorised.

Punishment for certain offences in relation to inquiry.

180G. Punishment for certain offences in relation to inquiry.-Whoever

intentionally insults or causes any interruption in the inquiry

proceedings or deliberately makes a false statement before the

inquiring officer shall be punished with simple imprisonment for a term

which may extend to six months, or with fine which may extend to one

thousand rupees, or with both.”.


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