Section 17 in The Railway (Notices of and Inquiries Into Accidents) Rules, 1998
17. Magisterial inquiry.
- Whenever an accident, such as is described in section 113 of the Act, has occurred in the course of working a railway, the District Magistrate or any other Magistrate who may be appointed in this behalf by the State Government, may either-(a)himself make an inquiry into the causes which led to the accident; or(b)depute a subordinate Magistrate, who if possible, should be a Magistrate of the first class, to make such an inquiry; or(c)direct investigation into the causes which led to the accident, to be made by the police:Provided that where, having regard to the nature of the accident, the Central Government has appointed a Commission of Inquiry to inquire into it under the Commission of Inquiry Act, 1952 (60 of 1952), or has appointed any other authority to inquire into it and for that purpose has made all or any of the provisions of the said Act applicable to that authority, a Magistrate or a police officer shall not make his inquiry or investigation under this rule and, where he has already commenced the inquiry or investigation, shall not proceed further with it; and such Magistrate or police officer shall hand over the evidence, records or other documents in his possession relating to the inquiry or investigation to such authority as may be specified by the Central Government in this behalf.
