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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.”.
