Section 117: Statement made before Commissioner

Section 117 of the Railways Act, 1989 provides protection for individuals giving evidence in an inquiry conducted by the Commissioner. This section ensures that the statements made during the inquiry cannot be used against the person in any civil or criminal proceedings, with an important exception when false evidence is provided.

Text of Section 117:

Section 117: Statement made before Commissioner
No statement made by a person in the course of giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement:
Provided that the statement is—

• (a) Made in reply to a question which is required by the Commissioner to answer; or
• (b) Relevant to the subject-matter of the inquiry.

Detailed Explanation:

Protection Against Self-Incrimination:

• Section 117 provides a legal shield for individuals who are called to testify during an inquiry conducted by the Commissioner. The key protection is that any statement made in the course of giving evidence cannot be used against the person who made it in any subsequent civil or criminal legal proceedings. This protection ensures that the testimony given during the inquiry cannot be later used as evidence of wrongdoing in other legal actions against the individual.

Exceptions to the Protection:

• False Evidence:
  • The protection against self-incrimination does not apply if the individual is prosecuted for giving false evidence during the inquiry. If a person knowingly provides false information or lies under oath, they can be prosecuted for perjury or false evidence, as the law holds individuals accountable for deliberate falsehoods.
  • This is in line with Section 193 of the Indian Penal Code, which makes the giving of false evidence a punishable offense.

Conditions for Protection:

• The protection applies only to statements that are:
  • Made in response to a question that the Commissioner requires the person to answer (i.e., compulsory statements).
  • Relevant to the subject-matter of the inquiry (i.e., related directly to the investigation being conducted).
  • If a person provides information that is not relevant or is voluntarily shared without being asked by the Commissioner, it may not be protected by this section.

Practical Implications:

1. For the Person Giving Evidence:
   • The individual providing testimony in the inquiry can be assured that their statements will not be used to incriminate them in other legal proceedings, offering a degree of protection and encouraging honesty and transparency during the inquiry.
   • However, if the person is caught lying or deliberately providing false information, they could face legal consequences for false evidence.
2. For the Commissioner:
   • The Commissioner must ensure that the questions asked during the inquiry are relevant to the subject matter at hand and that the individual’s statements are compulsory for the inquiry. This ensures that the protection outlined in the section applies appropriately.
   • The Commissioner is responsible for maintaining the integrity of the inquiry by ensuring that statements made are within the scope of the inquiry.
3. For Legal Professionals:
   • Lawyers can use the protection in Section 117 to advise their clients that any statements made during the inquiry will generally not be used against them in other proceedings. This makes it safer for individuals to provide truthful and complete information.
   • Legal professionals must also be cautious about ensuring that their clients are not caught making false statements during the inquiry, as doing so could lead to prosecution for false evidence.
4. For Victims and Families:
   • Victims of accidents or their families can be reassured that testimonies given during the inquiry will not be used to harm the individual providing them, thus promoting a more open and honest investigation into the causes of the accident.

Conclusion:

Section 117 of the Railways Act, 1989 serves to encourage transparency and truthfulness in inquiries conducted by the Commissioner by offering protection against self-incrimination. However, this protection does not extend to cases where false evidence is provided. The section ensures that individuals are not unfairly punished for their statements in the inquiry, while also holding them accountable for any false information provided under oath. This balance aims to maintain the integrity of the inquiry process while safeguarding the rights of those involved.