CHAPTER XI
POLICE JURISDICTION AND SECURITY OF RAILWAY MATERIALS.

1101 General

The officers and supervisors of the Engineering Department are required to coordinate and take assistance from Police including Railway Police and the Railway Protection Force for ensuring safety of railway-men and security of railway property.

1102 Police Jurisdiction

The jurisdiction between the Railway Police and the Local Police varies according to the orders issued by the concerned State Governments. The jurisdiction of the Local Police and the Railway Police is given in the Police Manual. However, the procedure for lodging FIR/complaint is the same. Officials of the Engineering Department will have to acquaint themselves with the procedure in force over their jurisdiction.

a) Government Railway Police:- Railway Police forms. a part of the State Police and is responsible for the maintenance of law and order and policing on the railways including running trains.- 

NOTE

(i) "Railway limits" may be defined as the area owned or legally occupied by a Railway Administration for the purposes of carriage of goods and passengers, and covers every place or building used for such purposes. A road over or across a Railway line is not usually used for railway transportation unless specified. Police duties arising on it are generally to be discharged by the Local Police.

(ii) "Station limits" includes all traffic lines, platform surfaces, circulating area and the length of tracks within the outermost signals.

(iii) In case of any ambiguity regarding the jurisdiction of the Local Police and the Railway Police, the Police Manual of the State concerned may be referred to.

b) Local Police:

Local Police is responsible for Law and Order in the areas other than those coming under the jurisdiction of the Railway Police.

c) Railway Protection Force

(i) Railway Protection Force has been created as an Armed Force of the Union under the R.P.F. Act 1957 (as modified by Act No.60 of 1985). It is placed under the Ministry of Railways and its members are deemed to be Railway Servants within the meaning of the Indian Railways Act 1989 and shall exercise the powers conferred on Railway Servants by or under that Act. 

(ii) RPF has been conferred with powers under the Railway Property (Unlawful Possession) Act 1966 to arrest, search, inquire and prosecute offenders of unlawful possession of Railway property.

(iii) Being an Armed Force of the Union, RPF can also exercise the powers conferred on the Armed Forces of the Union.

1103 Lodging of Complaints 

a) The procedure for lodging complaints with the Government Railway Police varies as per orders issued by Local Governments. Engineers and supervisors should acquaint themselves with the procedure in force over their jurisdictions. 

b) Officers and senior subordinates should prefer complaints to the Government Railway Police whenever a cognizable offence comes to their notice or when a non-cognizable offence may lead to danger to railway property, trains or passengers. 

The complaint should be made to the Government Railway Police Station Officer or in his absence, to the Platform Constable or to the next passing Travelling Constable and acknowledgment obtained. Copies of complaints preferred by Supervisors should be sent to the Assistant Engineer and Divisional Engineer for information. 

c) In serious cases, the Divisional Engineer or Assistant Engineer should follow up with a complaint or report made to the Superintendent Railway Police or District Superintendent of Police, as the case may be. In ordinary cases the Engineering Supervisor should pursue the matter with the local police officials. 

d) Whenever Engineering officials lodge a FIR for theft with the Government Railway Police, it should be clearly indicated that the same is for "stolen property". FIR empowers the Government Railway Police to start investigations in cases of cognizable offences.

e) A sample proforma for lodging 'FIR' is given as Annexure 11.1. 

1104 Co-operation with Government Railway Police

a) Engineering staff should co-operate with the Government Railway Police (GRP) for the' prevention and detection of crime. Promptness in reporting an offence is essential; telegraphic, FAX advice should be sent, when so required, of any occurrence forming the subject of a complaint and the formal complaint should follow as soon as possible. 

b) When the GRP require information from the records of the office of Engineering Supervisor, they will apply to the latter with particulars of requirements. The supervisor may allow GRP staff to verify the information given. No records should however be handed over without the authority of the Assistant Engineer or Divisional/ Dy. Chief Engineer. In each case, the memo received from the Police Officer must be sent to the Divisional/ Dy. Chief Engineer through the Assistant Engineer for information.

c) Any railway staff having information in connection with a crime under enquiry should at once communicate it to the Police Officer in charge of the case. 

d) All railway staff should answer questions put by the Police in the course of their investigations. 

1105 Cognizable Offences 

Some of the offenses listed below demand immediate intimation to the GRP by Engineering Staff; they are termed as 'cognizable by the Police', meaning that the

Police are authorised to commence enquiries and effect arrests without direction f

Sr. No. Sections of the Railway Act  Nature of offence.
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 GRP in respect of any cognizable offence, the working up of the case rests with the Police. This does not affect the action necessary for departmental purposes, such as making preliminary enquiries which are in some cases necessary to establish the fact that any crime has been committed or to fix the departmental liability for neglect of error.

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.

1106 Non-Cognizable Offences

a) Some of the offences listed below are termed "non-cognizable by the Police", meaning that the Police are not liable to take action, including effecting arrests, without specific orders from a Magistrate. 

b) In the case of non-cognizable offenses, the Railway Police will record the complaint and take further action as per the procedure in force. 

1107 Powers of Arrest by Railway Staff 

a) Section 179 of the Indian Railways Act of 1989, empowers a Railway Official to effect the arrest of any person who has committed a cognizable offence. 

Section 180 of the Indian Railways Act, 1989, empowers a Railway Official to effect the arrest of any person for an offence "non cognizable by the Police" provided there are valid reasons to believe that the offender will abscond or that he/she is giving a false name and address. In cases where the person refuses to give his proper name and address, or there is reason to believe that the name and address given are false or that such person will abscond, the GRP may arrest him (or her) under Section 180 of The Railway Act. 

b) The power to arrest conferred by Sections 179 and 180 of the Indian Railways Act, 1989, shall be exercised with the greatest caution. 

1108 Warrants Against Railway Staff

Warrants issued against railway servants will be entrusted for execution to a Police Officer of superior grade, who shall, if he finds on proceeding to execute the warrant that the immediate arrest of the railway servant would occasion risk or inconvenience, make all arrangements necessary to prevent escape and apply to the proper quarter to have the accused relieved, deferring arrest until he is relieved. June 1877). Wherever possible, the Divisional Engineer or Assistant Engineer should arrange relief and report any case of arrest to the higher authority.  

1109 Action by Railway Staff in Cases of Attempted Sabotage 

Whenever any offence under Sections 150 or 151 of the Indian Railways Act, 1989 is detected, the senior most Railway Official present may direct the Police Officer or Policemen present or, Railway servant (if there be no Policeman present), to arrest the offender at once.

In every case, a detailed report should be made to the appropriate authorities.

1110  Answering of Court Summons

Court summons served on the staff shall be promptly obeyed. Section 66 of the Civil Procedure Code 1974 provides that :-

"Where the person summoned is in the active service of the Railways, the Court issuing the summons shall ordinarily send it in duplicate to the Head of the Office in which such person is employed; and the Head of the office shall thereupon cause the summons to be served in the manner provided by Section 62 and shall return it to the Court with the endorsement required by the Section". 

The Divisional Engineer or Assistant Engineer shall make necessary relief arrangements timely in such cases. 

1111 Prevention of Trespass 

a) Trespass Notice Boards should be erected and maintained properly at necessary locations. The Boards should indicate the consequences of trespass. 

b) Stray cattle found grazing in the railway limits may be sent to the cattle pound. 

c) Whenever dead bodies of the cattle etc. are found in the railway colony, station limits, Medical Department may be promptly advised for their removal. 

1112 Disposal of Human Bodies Found Run Over- 

When the body of a person run over is found between stations, the following procedure shall be adopted:- 

a) If life is extinct, the body shall not be moved more than is necessary to clear the line, until the arrival of the Police. The body may be left in charge of a Gangman, Gateman or a villager. In all cases, a written memo with the following particulars shall be prepared by the Guard or if, there be no Guard, by the Driver of the train or other person finding the body and be made over to the man placed in charge of the same to be given by him to the Police Official - 

(i) Position of body on the line. 

(ii) Blood stains on track, ballast or engine, extent of injuries and whether seemingly inflicted by a train or otherwise. 

(iii) Position of any clothing, found on or near the rails.

b) If life is not extinct, the person shall be conveyed to the next station as promptly as practicable where medical aid shall be arranged by the Station Master. 

c) A report shall be made by the Section Engineer to the nearest Station Master and to the Assistant Engineer in every such case.

In the case of such accidents occurring in station yards the Station Master will take requisite action. 

1113 Disposal of Cattle found Dead on the Line.

When cattle are run over on the line, the carcasses should be cleared sufficiently away from the line.

1114 Miscellaneous. 

a) Whenever an Engineering personnel is involved in a charge of commission of an offence under RP(UP) Act, a report should be sent to the Assistant/ Divisional Engineer immediately for necessary action at the appropriate level. In this connection the provisions of section 3 and 4 of RP (UP) Act are reproduced below: 

SECTION 3: 

Whoever is found, or is proved to have been in possession of any Railway property reasonably suspected of having been stolen or unlawfully obtained shall be punishable, unless he proves that the Railway property came into his possession lawfully. 

SECTION 4: 

Any owner or occupier of a land or building, or any agent of such owner or occupier in charge of the management of that land or building, who connives with an offence against the provisions of this Act, shall be punishable with imprisonment for a term, which
may extend to five years or with fine or with both. 

b) Encroachments shall be got removed promptly as per 814 of this manual. Necessary help should be sought from GRP as well as R.P.F. 

c) Whenever unauthorised occupation or subletting of quarters is noticed by the Section Engineer (Works) he will take immediate action to report this to the allotment authority for taking action at that authority's end. 

d) Engineering Supervisors should take necessary care to ensure that issue of materials is covered under a proper authority to avoid attracting of RP (UP) Act. Such authority could be Issue Notes, Gate Passes, Railway Challans etc.


                                                                                                                                                                         ANNEXURE11.1
                                                                                                                                                                                    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. P lace 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/I I 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  official who received the Report.

Date