Section 116: Powers of Commissioner in relation to inquiries

Section 116 of the Railways Act, 1989 provides the Commissioner with specific powers to conduct inquiries into the causes of accidents on railways. These powers align with those typically given to a Civil Court under the Code of Civil Procedure, 1908 (CPC), to ensure thorough and impartial investigations.

Text of Section 116:

Section 116: Powers of Commissioner in relation to inquiries

1. For the purpose of conducting an inquiry under this Chapter into the causes of any accident on a railway, the Commissioner shall, in addition to the powers specified in Section 7, have the powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
   • (a) Summoning and enforcing the attendance of persons and examining them on oath.
   • (b) Requiring the discovery and production of documents.
   • (c) Receiving evidence on affidavits.
   • (d) Requisitioning any public record or copies thereof from any court or office.
   • (e) Any other matter which may be prescribed.
2. The Commissioner, while conducting an inquiry under this Chapter, shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Detailed Explanation:

Key Powers of the Commissioner (Subsection 1):

The Commissioner conducting an inquiry into a railway accident is given extensive powers to gather information, summon witnesses, and examine evidence, making the process of inquiry robust and legally binding.

1. Summoning and Enforcing Attendance (Clause a):
   • The Commissioner can compel individuals to attend the inquiry and testify under oath. This is important for ensuring that all relevant witnesses are present, and their testimony is recorded in a legally binding manner.
2. Discovery and Production of Documents (Clause b):
   • The Commissioner can demand the production of documents related to the accident. This includes any records or evidence that might shed light on the causes of the incident or the actions leading to it. The power to enforce document production ensures that all necessary paperwork is made available for examination.
3. Receiving Evidence on Affidavits (Clause c):
   • The Commissioner can accept evidence in the form of affidavits, which allows witnesses to provide written statements under oath. This can expedite the process, especially when witnesses cannot attend in person.
4. Requisitioning Public Records (Clause d):
   • The Commissioner has the authority to requisition public records or copies from courts or offices. This is particularly useful when the inquiry requires access to government records, previous incident reports, or any public documentation that could be relevant to the case.
5. Any Other Matter Prescribed (Clause e):
   • This clause gives the Commissioner flexibility to exercise other powers as may be prescribed by law or regulations, allowing for a broader scope of action during the inquiry.

Deemed Civil Court (Subsection 2):

• For the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, the Commissioner conducting the inquiry is deemed to be a Civil Court.
  • Section 195 of the CrPC refers to the prohibition of certain kinds of legal proceedings unless specific actions are taken by a court.
  • Chapter XXVI of the CrPC deals with the offenses relating to false evidence and perjury.
  • By granting the Commissioner the status of a Civil Court, this section ensures that the inquiry is conducted with the same authority, rigor, and procedures as a formal court proceeding.

Practical Implications:

1. For the Commissioner:
   • The Commissioner is empowered to conduct a thorough investigation into railway accidents, using civil court powers to ensure a comprehensive inquiry.
   • This authority is vital for gathering evidence, examining witnesses, and ensuring accountability within the railway system.
2. For Railway Authorities:
   • Railway officials must comply with the Commissioner’s requests, whether it’s summoning witnesses or producing records. Any attempt to obstruct or withhold information could be legally challenged, as the Commissioner has the power of a Civil Court.
3. For Legal Professionals:
   • Lawyers involved in accident-related cases can rely on the inquiry’s findings, knowing that the Commissioner has the full legal authority to summon witnesses and gather evidence.
   • The Civil Court status also means that any false statements or evidence presented during the inquiry could lead to charges of perjury or false evidence, as prescribed under the CrPC.
4. For Accident Victims and Families:
   • Victims of railway accidents or their families can expect a transparent and detailed investigation, with the Commissioner possessing the legal authority to ensure the inquiry is conducted thoroughly and impartially.
   • The findings of the inquiry can serve as the basis for compensation claims or legal proceedings.

Conclusion:

Section 116 of the Railways Act, 1989 empowers the Commissioner with significant legal authority to conduct inquiries into railway accidents. These powers, equivalent to those of a Civil Court, ensure that the inquiry process is thorough, transparent, and legally binding. By enabling the Commissioner to summon witnesses, gather documents, and receive evidence, the Act ensures that the causes of accidents are investigated thoroughly, holding the relevant parties accountable. This section plays a crucial role in maintaining the integrity and safety of the railway system.