- The police shall, when requested in writing by a railway officer duly authorised by the Agent or the Manager, take charge of persons arrested by railway servants under section 132 (1) of the Indian Railways Act, 1890, and forward them in custody to the Magistrate or release them on bail or personal recognizance. They shall also when necessary conduct the prosecution of such cases in Court.Note. - (i) The written request of the railway officer must contain sufficient material to justify the action of the police officer in taking charge of the accused person, and should ordinarily be in the form of a charge-sheet specifying the alleged offence and the names of the witnesses. In the case of a person travelling without a ticket it should be made clear that there is reason to believe that he has refused on demand to give his name and/or address, or the name and address given by him are incorrect.(ii)Except where a Magistrate has ordered an enquiry under section 155(2) of the Code of Criminal Procedure, it is the duty of the railway authorities and not of the police to enquire into the truth of the charge for which a person is arrested under section 132 of the Indian Railways Act, 1890, by a railway official and made over to the police.(iii)In cases not covered by the above rule it is open to the police to use the powers of arrest conferred on them by section 132 of the Indian Railways Act, 1890.
