291. Investigation of cases of collision between inland steam-vessels and between inland steam-vessels and country boats. [§ 12, Act V, 1861].
(a)When a report is made by the master of an inland steam-vessel under section 32 of the Inland Steam-Vessels Act, 1917, to the officer-in-charge of a police-station -(i)such officer shall reduce the report to writing and shall at the same time record the statement of the injured party (if any) if available;(ii)if the place of occurrence be within the local limits of any other police-station, such officer shall forthwith inform the officer-in-charge of that police-station ;(iii)a copy of the report and of the statement (if any) shall forthwith be submitted to the Magistrate in charge of criminal work at district headquarters, or, if the place of occurrence be in a subdivision, to the Sub-divisional Magistrate; provided that, in cases of casualties occurring within the limits of the port of Chittagong, such report shall be submitted to the Port Officer, Chittagong;(iv)pending the orders of the Magistrate referred to above, no arrest shall be made by the police, under Chapter XIV of the Code of Criminal Procedure, with a view to a prosecution for an offence under section 280 of the Indian Penal Code, but witnesses may be examined and their names and addresses recorded, so that it may be possible to procure their attendance if it is decided to prosecute;(v)if the Magistrate above referred to is of opinion that an investigation under section 33 of the Inland Steam-Vessels Act, 1917, is necessary, he shall submit a report of the case to the Provincial Government;(vi)if he considers that no such investigation is required and that the facts of the case disclose the commission of an offence punishable under section 280 of the Indian Penal Code, he may direct the officer-in-charge of the police-station concerned to take cognizance of the offence; and(vii)in cases of serious accidents, such as boiler explosions, or where a vessel is badly damaged, or where a doubt arises as to whether from a technical point of view the vessel is fit to ply, a copy of the First Information Report submitted to the District Magistrate or the Sub-divisional Magistrate concerned shall be furnished to the nearest Marine authority, viz., the Principal Officer, Mercantile Marine Department, Calcutta, or the Nautical Surveyor, Chittagong, according as the place of accident is near Calcutta or Chittagong.(b)If the officer-in-charge of a police-station receives information relating to the commission of an offence under section 280 of the Indian Penal Code by the master of an inland steam-vessel, he shall adhere to the following rules, namely :-(I)if he has reason to believe, either on information received under clause (II), or on other grounds, that a report has been made by the master of the inland steam-vessel concerned to the officer-in-charge of some other police-station under section 32 of the Inland Steam-Vessels Act, 1917, -(i)he shall reduce the information to writing and shall take steps to secure the names and addresses of witnesses and to safeguard any property produced ;(ii)he shall also submit a copy of the information forthwith to the Magistrate described in clause (a)(iii);(iii)pending the orders of the above Magistrate he shall not make any arrest under Chapter XIV of the Code of Criminal Procedure, with a view to a prosecution for an offence under section 280 of the Indian Penal Code;(II)if he has no reason to believe that such a report has been made, he shall proceed to investigate the case under Chapter XIV of the Code of Criminal Procedure. (Bengal Government Notifications No, 1792J. dated the 16th June, 1912, and No. 3133J., dated the 14th July, 1913.)
