594. Arrest of offenders under section 101, Indian Railways Act. [§ 12, Act, V, 1861].
(a)The exercise by the Railway Police of the power of arrest without warrant, given them in section 131 of the Indian Railways Act, 1890, for offences under section 101 of the same Act, is discretionary. It should be exercised only in extreme cases, as for instance, when -(i)there has been loss of life or serious injury to person; or(ii)a person is caught in the commission of a grave offence; and(iii)the accused is likely to abscond or to continue to endanger the safety of the public.When arrest is made without warrant, immediate intimation of such arrest must be given to the head of the railway employee's department. Under ordinary circumstances, no immediate arrest is necessary, and application should be made for a warrant in the usual manner.(b)When the arrest of railway servants for offences under section 101 of the Indian Railways Act, 1890, is effected by warrant, in the absence of any direction to the contrary under section 77 of the Code of Criminal Procedure, the warrant should be executed by a police officer of rank superior to that of an Assistant Sub-Inspector.
