Police Jurisdiction and Security of Railway Materials PDF

POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. a Railway line is not usually used for CHAPTER XI railway transportation unless specified....

POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. a Railway line is not usually used for CHAPTER XI railway transportation unless specified. Police duties arising on it are generally POLICE JURISDICTION to be discharged by the Local Police. AND SECURITY OF RAILWAY MATERIALS. (ii) "Station limits" includes all traffic lines, platform surfaces, circulating area and the length of tracks within the outermost 1101 General signals. The officers and supervisors of the (iii) In case of any ambiguity regarding the Engineering Department are required to jurisdiction of the Local Police and the coordinate and take assistance from Police Railway Police, the Police Manual of the including Railway Police and the Railway State concerned may be referred to. Protection Force for ensuring safety of railway- men and security of railway property. b) Local Police: 1102 Police Jurisdiction Local Police is responsible for Law and Order in the areas other than those coming The jurisdiction between the Railway under the jurisdiction of the Railway Police. Police and the Local Police varies according to the orders issued by the concerned State c) Railway Protection Force Governments. The jurisdiction of the Local Police and the Railway Police is given in the (i) Railway Protection Force has been Police Manual. However, the procedure for created as an Armed Force of the Union lodging FIR/complaint is the same. Officials under the R.P.F.Act 1957 (as modified by of the Engineering Department will have to Act No.60 of 1985). It is placed under acquaint themselves with the procedure in the Ministry of Railways and its members force over their jurisdiction. are deemed to be Railway Servants a) Government Railway Police:- Railway within the meaning of the Indian Railways Police forms a part of the State Police and is Act 1989 and shall exercise the powers responsible for the maintenance of law and conferred on Railway Servants by or order and policing on the railways including under that Act. running trains. (ii) RPF has been conferred with powers NOTE: under the Railway Property (Unlawful (i) "Railway limits" may be defined as the Possession) Act 1966 to arrest, search, area owned or legally occupied by a inquire and prosecute offenders of Railway Administration for the purposes unlawful possession of Railway property. of carriage of goods and passengers, and covers every place or building used for such purposes. A road over or across (iii) Being an Armed Force of the Union, RPF can also exercise the powers conferred 224  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. on the Armed Forces of the Union. given as Annexure 11.1. 1103 Lodging of Complaints 1104 Co-operation with Government Railway Police a) The procedure for lodging complaints with the Government Railway Police varies a) Engineering staff should co-operate as per orders issued by Local Governments. with the Government Railway Police (GRP) Engineers and supervisors should acquaint for the prevention and detection of crime. themselves with the procedure in force over Promptness in reporting an offence is their jurisdictions. essential; telegraphic, FAX advice should be sent, when so required, of any occurrence b) Officers and senior subordinates forming the subject of a complaint and the should prefer complaints to the Government formal complaint should follow as soon as Railway Police whenever a cognizable offence possible. comes to their notice or when a non- cognizable offence may lead to danger to b) When the GRP require information railway property, trains or passengers. from the records of the office of Engineering Supervisor, they will apply to the latter with The complaint should be made to the particulars of requirements. The supervisor Government Railway Police Station Officer or may allow GRP staff to verify the information in his absence, to the Platform Constable or given. No records should however be handed to the next passing Travelling Constable and over without the authority of the Assistant acknowledgment obtained. Copies of Engineer or Divisional/ Dy. Chief Engineer. In complaints preferred by Supervisors should each case, the memo received from the Police be sent to the Assistant Engineer and Officer must be sent to the Divisional/Dy. Chief Divisional Engineer for information. Engineer through the Assistant Engineer for information. c) In serious cases, the Divisional Engineer or Assistant Engineer should follow c) Any railway staff having information up with a complaint or report made to the in connection with a crime under enquiry Superintendent Railway Police or District should at once communicate it to the Police Superintendent of Police, as the case may be. Officer in charge of the case. In ordinary cases the Engineering Supervisor should pursue the matter with the local police d) All railway staff should answer officials. questions put by the Police in the course of d) Whenever Engineering officials lodge their investigations. a FIR for theft with the Government Railway Police, it should be clearly indicated that the 1105 Cognizable Offences same is for "stolen property". FIR empowers the Government Railway Police to start Some of the offenses listed below investigations in cases of cognizable offences. demand immediate intimation to the GRP by Engineering Staff; they are termed as e) A sample proforma for lodging 'FIR' is 'cognizable by the Police', meaning that the 225  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. Police are authorised to commence enquiries and effect arrests without direction from a Magistrate :- _________________________________________________________________________________________________________________ : Sr.No : Sections of the : Nature of offence. : : Railway Act : _________________________________________________________________________________________________________________ : 1. : Sec. 145.. : Drunkenness or nuisance-being in a state of intoxication : : : committing act of nuisance, using obscene language, : : : interfering with amenities so as to affect comfort of : : : passengers : 2. : Sec. 146.. : Obstructing Railway Servant in his duty. : 3. : Sec. 147.. : Trespass and refusal to desist from trespass. : 4. : Sec. 150.. : Maliciously wrecking or attempting to wreck a train : 5. : Sec. 151.. : Damage to or destruction of Railway Property : 6. : Sec. 166.. : Defacing public notices. : 7. : Sec. 175.. : Endangering safety of any person travelling upon the : : : railway by disobeying any rule negligent act. (This : : : applies to Railway Servants only). _________________________________________________________________________________________________________________ When a complaint has been made to the liability for neglect of error. GRP in respect of any cognizable offence, the working up of the case rests with the Police. 1106 Non-Cognizable Offences This does not affect the action necessary for departmental purposes, such as making a) Some of the offences listed below are termed preliminary enquiries which are in some cases "non-cognizable by the Police", meaning that necessary to establish the fact that any crime the Police are not liable to take action, has been committed or to fix the departmental including effecting arrests, without specific orders from a Magistrate. _________________________________________________________________________________________________________________ Sr.No : Sections of the Rail way Act 1989 : Nature of offence. _________________________________________________________________________________________________________________ 1. : Sec. 158.... : Contravention of regulations of : : hours of work and period of rest : : by any Railway Servant. 2. : Sec. 177.... : Furnishing false returns. _________________________________________________________________________________________________________________ 226  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. b) In the case of non-cognizable Wherever possible, the Divisional offenses, the Railway Police will record the Engineer or Assistant Engineer should arrange complaint and take further action as per the relief and report any case of arrest to the procedure in force. higher authority. 1107 Powers of Arrest by Railway Staff 1109 Action by Railway Staff in Cases of Attempted Sabotage a)Section 179 of the Indian Railways Act of 1989, empowers a Railway Official to effect Whenever any offence under Sections the arrest of any person who has committed 150 or 151 of the Indian Railways Act, 1989 is a cognizable offence. detected, the senior most Railway Official present may direct the Police Officer or Section 180 of the Indian Railways Act, Policemen present or, Railway servant (if 1989, empowers a Railway Official to effect there be no Policeman present), to arrest the the arrest of any person for an offence "non- offender at once. cognizable by the Police" provided there are valid reasons to believe that the offender will In every case, a detailed report should abscond or that he/she is giving a false name be made to the appropriate authorities. and address. In cases where the person refuses to give his proper name and address, 1110 Answering of Court Summons - or there is reason to believe that the name and address given are false or that such Court summons served on the staff shall person will abscond, the GRP may arrest him be promptly obeyed. Section 66 of the Civil (or her) under Section 180 of The Railway Act. Procedure Code 1974 provides that :- b) The power to arrest conferred by "Where the person summoned is in the Sections 179 and 180 of the Indian Railways active service of the Railways, the Court Act, 1989, shall be exercised with the greatest issuing the summons shall ordinarily send it caution. in duplicate to the Head of the Office in which such person is employed; and the Head of the 1108 Warrants Against Railway Staff - office shall thereupon cause the summons to be served in the manner provided by Section Warrants issued against railway servants 62 and shall return it to the Court with the will be entrusted for execution to a Police endorsement required by the Section". Officer of superior grade, who shall, if he finds on proceeding to execute the warrant that the The Divisional Engineer or Assistant immediate arrest of the railway servant would Engineer shall make necessary relief occasion risk or inconvenience, make all arrangements timely in such cases. arrangements necessary to prevent escape and apply to the proper quarter to have the 1111 Prevention of Trespass accused relieved, deferring arrest until he is relieved. a) Trespass Notice Boards should be erected and maintained properly at necessary 227  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. locations. The Boards should indicate the c) A report shall be made by the Section consequences of trespass. Engineer to the nearest Station Master and to the Assistant Engineer in every such case. b) Stray cattle found grazing in the railway limits may be sent to the cattle pound. In the case of such accidents occurring in station yards the Station Master will take c) Whenever dead bodies of the cattle requisite action. etc. are found in the railway colony, station limits, Medical Department may be promptly 1113 Disposal of Cattle found Dead advised for their removal. on the Line. - 1112 Disposal of Human Bodies When cattle are run over on the line, the Found Run Over- carcasses should be cleared sufficiently away from the line. When the body of a person run over is found between stations, the following 1114 Miscellaneous. procedure shall be adopted:- a) Whenever an Engineering personnel a) If life is extinct, the body shall not be is involved in a charge of commission of an moved more than is necessary to clear the offence under RP(UP) Act, a report should be line, until the arrival of the Police. The body sent to the Assistant/ Divisional Engineer may be left in charge of a Gangman, Gateman immediately for necessary action at the or a villager. In all cases, a written memo appropriate level. In this connection the with the following particulars shall be prepared provisions of section 3 and 4 of RP(UP)Act by the Guard or if, there be no Guard, by the are reproduced below: Driver of the train or other person finding the body and be made over to the man placed in SECTION 3: charge of the same to be given by him to the Police Official - Whoever is found, or is proved to have been in possession of any Railway property (i) Position of body on the line. reasonably suspected of having been stolen or unlawfully obtained shall be punishable, (ii) Blood stains on track, ballast or engine, unless he proves that the Railway property extent of injuries and whether seemingly came into his possession lawfully. inflicted by a train or otherwise. SECTION 4: (iii) Position of any clothing, found on or near the rails. Any owner or occupier of a land or building, or any agent of such owner or b) If life is not extinct, the person shall occupier incharge of the management of that be conveyed to the next station as promptly land or building, who connives with an offence as practicable where medical aid shall be against the provisions of this Act, shall be arranged by the Station Master. punishable with imprisonment for a term, which 228  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. may extend to five years or with fine or with immediate action to report this to the allottment both. authority for taking action at that authority's end. b) Encroachments shall be got removed promptly as per 814 of this manual. Necessary d) Engineering Supervisors should take help should be sought from GRP as well as necessary care to ensure that issue of R.P.F. materials is covered under a proper authority to avoid attracting of RP(UP)Act. Such c) Whenever unauthorised occupation authority could be Issue Notes, Gate Passes, or subletting of quarters is noticed by the Railway Challans etc. Section Engineer (Works) he will take HHHHHHH 229  POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS. ANNEXURE 11.1 Para 1103 PROFORMA FOR LODGING FIR 1. Name of Complainant a) Permanent address in full b) Nearest railway station to the permanent residence. c) Telephone No. 2. Date of Occurrence______________ 3. Time of Occurrence________ 4. Place of Occurrence __________________ Place where the complainant detected the occurrence a) Train No. and name b) Bogie No. c) Class in which travelling (AC I class/AC 2 Tier sleeper/Sleeper Class/II Class/AC 3-Tier sleeper/General/ II class(Ladies) 5. Ticket No. 6. Names of Stations in between which occurrence took place_______________ 7. Particulars of Property Looted or Stolen and Estimated cost thereof. a) Full description of identifiable property, if any. 8. Brief particulars of the incident (Theft/Robbery/Dacoity) 9. Name of person or persons suspected with descriptive role and name and address, if known a) The station where the suspect entrained b) The station where the suspect detrained c) The station where such suspect wanted to go. 10. Did the suspect show sympathy towards you by providing seat or place to sleep or advise to put the Box/attaches at a certain place. Report No. Received On At Hrs. Signature with name and designation of the Date: official who received the Report. __________________________________________________________________________________________ HHHHHHH 230