Section 113: Notice of railway accident

Section 113 of the Railways Act, 1989 outlines the responsibilities and procedures for notifying authorities about railway accidents that result in significant consequences, such as loss of human life, grievous injury, or serious damage to property. It aims to ensure that authorities are promptly informed so they can take appropriate action in response to such accidents.

Text of Section 113:

(1) In the course of operating a railway, if any of the following accidents occur:

• (a) Any accident that causes loss of human life, grievous hurt (as defined under the Indian Penal Code, 1860), or serious damage to property (as may be prescribed);
• (b) A collision between trains, with at least one train being a passenger train;
• (c) A derailment of any passenger train or part of such a train;
• (d) Any accident that is typically attended with loss of life, grievous hurt, or significant property damage;
• (e) Any other type of accident that the Central Government may notify in the Official Gazette;

The station master of the station nearest to the site of the accident (or, if no station master is available, the railway servant in charge of the section of the railway where the accident occurred) must immediately notify the District Magistrate, Superintendent of Police, the officer in charge of the local police station, and any other officials appointed by the Central Government in this regard.

(2) The railway administration in whose jurisdiction the accident occurs, as well as the railway administration to which the train involved belongs, must also immediately give notice of the accident to the State Government and the Commissioner having jurisdiction over the place where the accident took place.

Detailed Explanation:

Section 113 imposes a set of obligations on railway officials to notify authorities when specific types of accidents occur during railway operations. The goal is to ensure swift action by relevant government bodies to investigate, manage, and respond to the consequences of the accident, including any criminal investigations, rescue efforts, or compensation procedures.

Key Aspects of Section 113:

1. Accidents Requiring Notification:
   • The section lists types of railway accidents that require notification, including:
     • Accidents causing loss of life or grievous injuries (as per the Indian Penal Code).
     • Collisions between trains, especially involving passenger trains.
     • Derailments of passenger trains or parts of them.
     • Any accident that typically results in loss of life, serious injury, or property damage.
     • Any other accident that may be designated by the Central Government through official notifications.
2. Who is Responsible for Notifying:
   • The station master of the station nearest to the accident site, or if unavailable, the railway servant in charge of the railway section where the accident occurred, is responsible for giving immediate notice to key local authorities. These include:
     • The District Magistrate.
     • The Superintendent of Police.
     • The Officer in charge of the local police station.
     • Any other officials designated by the Central Government for handling such accidents.
3. Additional Notifications:
   • In addition to local authorities, the railway administrations involved in the accident (those responsible for the railway section where the accident occurred, and the one to which the involved train belongs) must also notify:
     • The State Government.
     • The Commissioner having jurisdiction over the area of the accident.

Practical Implications:

1. For Railway Authorities:
   • Railway officials must be vigilant and prepared to act immediately in the event of accidents. They are required to have clear lines of communication with local authorities and maintain a swift notification system.
   • This provision helps ensure that the local law enforcement, district administration, and other governmental authorities are quickly informed to take necessary action, such as investigating the cause of the accident, coordinating rescue efforts, and ensuring the safety and welfare of passengers and affected persons.
2. For Legal Professionals:
   • Lawyers representing the victims or those involved in a railway accident may use this section to ensure that proper notifications were made by the railway administration. Failure to notify authorities in a timely manner could be important in a liability or compensation case.
   • The District Magistrate, Superintendent of Police, and Commissioner may all be involved in the investigation of the accident. Legal representatives can advocate for the involvement of these authorities when seeking compensation or redress for clients.
3. For Victims and Families:
   • The timely notification of accidents helps ensure immediate relief and assistance. Family members of victims or those injured in accidents can expect faster action from the authorities to address the loss of life, injuries, or damage caused by the accident.

Conclusion:

Section 113 of the Railways Act, 1989 establishes a clear protocol for the notification of railway accidents, particularly those involving loss of life, grievous injury, or significant damage. This section aims to ensure that relevant authorities are promptly informed, which facilitates investigations, rescue efforts, and legal proceedings. Railway administrations are obligated to notify local police and administrative authorities as well as the relevant state and central authorities, promoting a systematic and responsive approach to managing accidents.