Section 118 of the Railways Act, 1989 outlines the procedure to be followed during an inquiry conducted under the Chapter related to railway accidents. This section provides flexibility for both the railway administration and the Commissioner conducting the inquiry to send notices, follow prescribed procedures, and prepare the report according to the guidelines set out in the regulations.
Text of Section 118:
Section 118: Procedure for inquiry
Any railway administration or the Commissioner conducting an inquiry under this Chapter may:
- Send notice of the inquiry to such persons,
- Follow such procedure, and
- Prepare the report in such manner as may be prescribed.
Detailed Explanation:
Notice of Inquiry:
- The railway administration or Commissioner conducting the inquiry is authorized to send notices to the relevant individuals or entities involved in the accident or whose testimony might be required during the inquiry.
- The notice could be directed to individuals like railway staff, passengers, witnesses, or others who have a role in the events of the accident.
- The specific persons to whom the notice should be sent will be determined as per the prescribed rules and the nature of the inquiry.
Following Procedure:
- The inquiry can be conducted according to the procedure set forth in the rules made under the Act. This procedure will provide guidelines on how the inquiry should be carried out to ensure transparency, fairness, and adherence to the law.
- The prescribed procedure would likely include rules about:
- Who can participate in the inquiry (e.g., legal representatives, witnesses, etc.).
- How evidence should be collected and presented.
- How hearings are conducted and how findings are recorded.
Report Preparation:
- After the inquiry, the Commissioner or the railway administration must prepare a report detailing the findings of the investigation.
- The format and manner of preparing this report are also subject to the prescribed rules. This ensures that the report is comprehensive, accurate, and consistent with the legal requirements for documentation.
- The report may include:
- The cause(s) of the accident.
- The persons responsible.
- Any recommendations for improving safety or avoiding future accidents.
Practical Implications:
- For the Railway Administration and Commissioner:
- This section grants them flexibility to ensure that the inquiry process is structured according to the best practices and regulatory requirements.
- They must adhere to the rules governing notices, procedures, and reporting, which ensures consistency and legality in the handling of the inquiry.
- For Witnesses and Participants:
- Individuals involved in the inquiry, whether they are witnesses or parties to the incident, may be formally notified about the inquiry and its proceedings. This ensures that they are given the opportunity to participate or present relevant information.
- For Legal Professionals:
- Lawyers and legal representatives must be aware of the prescribed rules and procedures governing the inquiry. Understanding these will help them advise clients on how to participate in the inquiry and how evidence will be handled.
- It also ensures that the findings and the final report are prepared in accordance with legal norms, which can be crucial in any subsequent legal proceedings.
- For Public Safety and Accountability:
- The prescribed procedures and systematic reporting following an inquiry can help the railway authorities identify the causes of accidents, improve safety measures, and prevent future occurrences.
- A detailed report will help in making decisions about accountability and may also inform policy changes or safety regulations.
Conclusion:
Section 118 ensures that the inquiry process is structured and formalized through clear procedures for notification, participation, and report preparation. The involvement of the railway administration or the Commissioner in following these steps is critical for maintaining accountability and ensuring that the findings of the inquiry are thorough and legally sound. The prescribed rules governing the inquiry ensure consistency, transparency, and fairness, benefiting all parties involved and promoting better safety measures in the future.
