An Act further to amend the Railways Act, 1989.<\/p>\n
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of<\/p>\n
India as follows:-<\/p>\n
1.<\/p>\n
Short title and commencement.<\/p>\n
1. Short title and commencement.-(1) This Act may be called the<\/p>\n
Railways (Second Amendment) Act, 2003.<\/p>\n
(2) It shall come into force on such date as the Central Government<\/p>\n
may, by notification in the Official Gazette, appoint.<\/p>\n
2. Amendment of section 2.<\/p>\n
2. Amendment of section 2.-In section 2 of the Railways Act, 1989 (24<\/p>\n
of 1989) (hereinafter referred to as the principal Act),-<\/p>\n
(a) after clause (26), the following clause shall be inserted, namely:-<\/p>\n
(26A) “officer authorised” means an officer authorised by the Central<\/p>\n
Government under sub-section (2) of section 179;;<\/p>\n
(b) in clause (34), after the words “service of a railway”, the<\/p>\n
following shall be inserted, namely: –<\/p>\n
“including member of the Railway Protection Force appointed under<\/p>\n
clause (c) of sub-section (1) of section 2 of the Railway Protection<\/p>\n
Force Act, 1957 (23 of 1957)”.<\/p>\n
\u00a0<\/p>\n
3. Substitution of new section for section 179.<\/p>\n
3. Substitution of new section for section 179.-For section 179 of the<\/p>\n
principal Act, the following section shall be substituted, namely:-<\/p>\n
Arrest for offences under certain sections.<\/p>\n
“179. Arrest for offences under certain sections.-(1) If any person<\/p>\n
commits any offence mentioned in sections 150 to 152, he may be<\/p>\n
arrested without warrant or other written authority by any railway<\/p>\n
servant or police officer not below the rank of a head constable.<\/p>\n
(2) If any person commits any offence mentioned in sections 137 to 139,<\/p>\n
141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested,<\/p>\n
without warrant or other written authority, by the officer authorised<\/p>\n
by a notified order of the Central Government.<\/p>\n
(3) The railway servant or the police officer or the officer<\/p>\n
authorised, as the case may be, may call to his aid any other person to<\/p>\n
effect the arrest under sub-section (1) or sub-section (2), as the case<\/p>\n
may be.<\/p>\n
(4) Any person so arrested under this section shall be produced before<\/p>\n
the nearest Magistrate within a period of twenty-four hours of such<\/p>\n
arrest excluding the time necessary for the journey from the place of<\/p>\n
arrest to the court of the Magistrate.”.<\/p>\n
\u00a0<\/p>\n
4.Amendment of section 180.<\/p>\n
\u00a0<\/p>\n
4. Amendment of section 180.-In section 180 of the principal Act,-<\/p>\n
(a) in sub-section (1),-<\/p>\n
(i) for the word and figures “section 179”, the words, brackets and<\/p>\n
figures “sub-section (2) of section 179” shall be substituted;<\/p>\n
(ii) for the words “any railway servant authorised in this behalf or<\/p>\n
any police officer not below the rank of a head constable”, the words<\/p>\n
“the officer authorised” shall be substituted;<\/p>\n
(b) in sub-section (2), for the words “The railway servant or the<\/p>\n
police officer”, the words “The officer authorised” shall be<\/p>\n
substituted.<\/p>\n
\u00a0<\/p>\n
5.Insertion of new sections 180A to 180G.<\/p>\n
5. Insertion of new sections 180A to 180G.-After section 180 of the<\/p>\n
principal Act, the following sections shall be inserted, namely:-<\/p>\n
\u00a0<\/p>\n
Inquiry by officer authorised to ascertain commission of offence.<\/p>\n
“180A. Inquiry by officer authorised to ascertain commission of<\/p>\n
offence.-For ascertaining facts and circumstances of a case, the<\/p>\n
officer authorised may make an inquiry into the commission of an<\/p>\n
offence mentioned in sub-section (2) of section 179 and may file a<\/p>\n
complaint in the competent court if the offence is found to have been<\/p>\n
committed. Powers of officer authorised to inquire.<\/p>\n
180B. Powers of officer authorised to inquire.-While making an inquiry,<\/p>\n
the officer authorised shall have power to,-<\/p>\n
(i) summon and enforce the attendance of any person and record his<\/p>\n
statement;<\/p>\n
(ii) require the discovery and production of any document;<\/p>\n
(iii) requisition any public record or copy thereof from any office,<\/p>\n
authority or person;<\/p>\n
(iv) enter and search any premises or person and seize any property or<\/p>\n
document which may be relevant to the subject-matter of the inquiry.<\/p>\n
Disposal of persons arrested.<\/p>\n
180C. Disposal of persons arrested.-Every person arrested for an<\/p>\n
offence punishable under sub-section (2) of section 179 shall, if the<\/p>\n
arrest was made by a person other than the officer authorised, be<\/p>\n
forwarded, without delay, to such officer.<\/p>\n
Inquiry how to be made against arrested person.<\/p>\n
180D. Inquiry how to be made against arrested person.-(1) When any<\/p>\n
person is arrested by the officer authorised for an offence punishable<\/p>\n
under this Act, such officer shall proceed to inquire into the charge<\/p>\n
against such person.<\/p>\n
(2) For this purpose, the officer authorised may exercise the same<\/p>\n
powers and shall be subject to the same provisions as the officer in<\/p>\n
charge of a police station may exercise and is subject to the<\/p>\n
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), when<\/p>\n
investigating a cognizable case:<\/p>\n
Provided that-<\/p>\n
(a) if the officer authorised is of the opinion that there is<\/p>\n
sufficient evidence or reasonable ground of suspicion against the<\/p>\n
accused person, he shall either admit him to bail to appear before a<\/p>\n
Magistrate having jurisdiction in the case, or forward him in custody<\/p>\n
to such Magistrate;<\/p>\n
(b) if it appears to the officer authorised that there is not<\/p>\n
sufficient evidence or reasonable ground of suspicion against the<\/p>\n
accused person, he shall release the accused person on his executing a<\/p>\n
bond, with or without sureties as the officer authorised may direct, to<\/p>\n
appear, if and when so required, before the Magistrate having<\/p>\n
jurisdiction. Search, seizure and arrest how to be made.<\/p>\n
180E. Search, seizure and arrest how to be made.-All searches, seizures<\/p>\n
and arrests made under this Act shall be carried out in accordance with<\/p>\n
the provisions of the Code of Criminal Procedure, 1973 (2 of 1974),<\/p>\n
relating respectively to searches and arrests made under that Code.<\/p>\n
Cognizance by Court on a complaint made by officer authorised.<\/p>\n
180F. Cognizance by Court on a complaint made by officer authorised.-No<\/p>\n
court shall take cognizance of an offence mentioned in sub-section (2)<\/p>\n
of section 179 except on a complaint made by the officer authorised.<\/p>\n
Punishment for certain offences in relation to inquiry.<\/p>\n
180G. Punishment for certain offences in relation to inquiry.-Whoever<\/p>\n
intentionally insults or causes any interruption in the inquiry<\/p>\n
proceedings or deliberately makes a false statement before the<\/p>\n
inquiring officer shall be punished with simple imprisonment for a term<\/p>\n
which may extend to six months, or with fine which may extend to one<\/p>\n
thousand rupees, or with both.”.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[78],"tags":[118,117,116,120,121,119],"class_list":["post-2081","post","type-post","status-publish","format-standard","hentry","category-public-utilities","tag-bare-acts","tag-law","tag-legal","tag-notifications","tag-of-india","tag-rules"],"yoast_head":"\n