Police Jurisdiction in Railway Security

Police Jurisdiction and Security of Railway Materials

• Railway limits cover the area owned or legally occupied by a Railway Administration for the purpose of transporting goods and passengers, including all buildings and places used for this purpose.

• Station limits include all railway tracks, platform surfaces, and circulating areas from the outermost signals.

• Jurisdiction between Railway Police and Local Police is determined by State Governments and outlined in the Police Manual.

• Railway Police:

  • Responsible for law and order on the railways, including running trains.
  • Part of the State Police.
  • Procedure for Lodging FIRs/Complaints is the same as for Local Police.
  • Government Railway Police (GRP) should be contacted immediately for incidents deemed "cognizable by the Police", which allow them to commence inquiries and make arrests.

• Local Police:

  • Responsible for law and order in areas not under Railway Police jurisdiction.

• Railway Protection Force (RPF):

  • An Armed Force of the Union under the RPF Act of 1957 (as modified by Act No. 60 of 1985).
  • Managed by the Ministry of Railways.
  • Members are considered Railway Servants under the Indian Railways Act 1989, and have powers granted to Railway Servants.
  • Has powers under the Railway Property (Unlawful Possession) Act 1966 to arrest, search, inquire, and prosecute offenders.
  • Can exercise powers conferred on the Armed Forces of the Union.

• Reporting of Offences:

  • Engineering staff should cooperate with the GRP in crime prevention and detection.
  • Reports of offences should be prompt, and telegraphic or FAX advice should be sent when required.
  • Formal complaints should follow as soon as possible.

• Co-operation with Government Railway Police (GRP):

  • Engineering staff should cooperate with the GRP for crime prevention and detection.
  • Promptly report offences via telegraphic or FAX advice when required.
  • Follow up with a formal complaint as soon as possible.

Prosecution & Arrest

• Cognizable Offences:

  • Police are authorized to commence inquiries and effect arrests without direction from a Magistrate.

• Non-Cognizable Offences:

  • The Police need a specific order from a Magistrate to take action, including arrests.

• Warrants:

  • Warrants issued against railway servants should be entrusted to a superior-grade Police Officer.
  • If the immediate arrest of the railway servant would cause risk or inconvenience, arrangements should be made to prevent escape and apply to the proper quarter to have the accused relieved.

• Answering Court Summons:

  • Court summons served on railway staff should be promptly obeyed.
  • The Court should send the summons in duplicate to the Head of the Office where the person is employed.
  • The Head of the Office should then serve the summons and return it to the Court.

• Prevention of Trespass:

  • Trespass Notice Boards should be erected and maintained at necessary locations, indicating the consequences of trespass.
  • Stray cattle found grazing in railway limits can be sent to the cattle pound.
  • Report any trespass incidents to the nearest Station Master and Assistant Engineer.

• Encroachments:

  • Encroachments should be promptly removed according to procedure outlined in the manual.
  • Seek help from GRP and RPF.
  • Ensure all materials are covered under proper authority to avoid issues with the Railway Property (Unlawful Possession) Act 1966.

• Unauthorized Occupation:

  • Report any unauthorized occupation or subletting of quarters to the Section Engineer (Works).

Railway Property (Unlawful Possession) Act 1966

• This Act gives RPF the power to arrest, search, inquire, and prosecute offenders.
• Engineering Supervisors should carefully ensure the issuance of materials is covered under proper authorization, such as Issue Notes, Gate Passes, Railway Challans, etc.

Police Jurisdiction

• The Railway Police (GRP) and Local Police have defined jurisdictions, which are outlined in the State Police Manuals.
• Both jurisdictions apply the same procedure for lodging complaints.
• The GRP is responsible for Law and Order on the railways, including running trains.
• The Local Police are responsible for areas outside of the railway jurisdiction.
• The Railway Protection Force (RPF) is responsible for the security of railway property.

Railway Protection Force

• The RPF is an Armed Force of the Union, under the RPF Act 1957 (as modified by Act No.60 of 1985)
• The RPF members are deemed to be Railway Servants under the Indian Railways Act 1989.
• The RPF is responsible for the security of railway property, and has the power to arrest, search, inquire, and prosecute those who unlawfully posses railway property.

Lodging Complaints

• Complaints are lodged with the GRP according to the local government's procedure.
• The Engineering department must understand these procedures.
• Engineers/Supervisors are required to report cognizable offenses, and non-cognizable offenses that could threaten railway property, passengers, or trains.

Cooperation with Government Railway Police

• Engineering staff must cooperate with the GRP and report crimes promptly.
• When the GRP requires information, they must apply to the Engineering Supervisor who can allow them to verify information.
• No records can be handed over without the authority of the Assistant Engineer or Divisional/Dy.Chief Engineer.

Cognizable Offences

• When an accident or incident occurs in a station yard, the Station Master is responsible for taking the necessary action.
• Charges of commission of an offense under the Railway Property (Unlawful Possession) Act must be reported to the Assistant/Divisional Engineer for appropriate action.

Disposal of Dead Bodies and Cattle

• When a human body is found on the railway line, the body must be moved as little as possible until the Police arrive.
• The Engineering staff must prepare a written memo containing details about the location of the body, injuries, and any clothing found near the body.
• If the person is alive, they must be taken to the next station for medical attention.
• If cattle are found on the railway line, the carcasses must be removed sufficiently far from the tracks.

Encroachments and Materials Management

• Engineering Supervisors must take immediate action to report any encroachments to the appropriate authorities.
• Encroachments must be removed promptly as outlined in the Railway Manual.
• The Engineering Supervisor must ensure that all material issues are covered under proper authority (e.g., Issue Notes, Gate Passes, Railway Challans).

Railway Property (Unlawful Possession) Act

• The RP(UP) Act makes it an offense to possess railway property that is reasonably suspected of being stolen or obtained unlawfully.
• The RP(UP) Act also outlines penalties for owners or occupiers of land or buildings who connive with those who break the law.

Explore the intricacies of police jurisdiction concerning railway security. This quiz covers the legal boundaries of Railway Administration, the roles of Railway Police, and how they interact with Local Police. Test your understanding of the responsibilities and procedures in safeguarding railway materials.