Section 120 of the Railways Act, 1989 provides a provision for inquiries into accidents that do not fall within the specific categories listed in Section 113. While Section 113 mandates certain types of accidents (e.g., those resulting in loss of life, grievous hurt, or serious property damage) to be immediately reported and investigated, Section 120 allows railway administrations to investigate accidents that do not fall under those specified categories, but still require an inquiry.
Text of Section 120:
Section 120: Inquiry into accident not covered by section 113
Where any accident of the nature not specified in section 113 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.
Detailed Explanation:
Scope of the Section:
- Section 113 outlines certain serious accidents (such as fatalities, grievous injury, or significant damage to railway property) that must be immediately reported to authorities and investigated.
- Section 120, however, addresses other types of accidents that occur during railway operations but do not meet the severity or criteria specified in Section 113. These could include minor accidents, incidents causing damage to property but not to a significant degree, or any other events that do not lead to a loss of life or grievous injury but still require investigation.
Railway Administration’s Responsibility:
- Railway administrations are empowered by Section 120 to cause an inquiry into the causes of such accidents. This inquiry is to be conducted in accordance with the prescribed procedure.
- The term prescribed procedure indicates that the government or railway authorities may issue rules or guidelines that determine how these inquiries are to be conducted.
When Does This Section Apply?:
- Section 120 comes into play for accidents that are not covered by Section 113. For example, if there is a minor collision or an event that causes only slight damage to property, but no loss of life or major injuries, this section allows the railway administration to carry out an inquiry.
- The section provides flexibility for investigating less serious accidents that still may have operational, safety, or legal implications.
Practical Implications:
- For Railway Administrations:
- Railway administrations have the discretion to initiate an inquiry into minor accidents or those that don’t meet the criteria of Section 113. This allows for proactive measures to identify potential causes and prevent recurrence.
- For Legal Professionals:
- Lawyers or advocates involved in railway accident cases should be aware that Section 120 can apply to a wide range of railway incidents, even if those incidents do not meet the severity criteria laid out in Section 113.
- For Safety and Accountability:
- This provision ensures that accidents of all magnitudes are accounted for and investigated. It encourages thoroughness in railway operations and safety practices, even for less severe incidents.
- For the Public and Stakeholders:
- This section reassures the public and other stakeholders that railway authorities take all accidents seriously, not just the most severe ones. It helps ensure continuous monitoring and improvements in railway safety.
Conclusion:
Section 120 serves as a flexible mechanism to investigate railway accidents that fall outside the specific types listed in Section 113. By allowing railway administrations to conduct inquiries into these incidents, it ensures that all accidents—regardless of severity—are properly examined. This promotes a comprehensive approach to railway safety and accountability.
