Text of Section 180C:
“Every person arrested for an offence punishable under sub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer.”
Detailed Explanation:
Overview:
Section 180C outlines the procedure for the disposal of persons arrested for offenses punishable under sub-section (2) of Section 179 of the Railways Act. It specifies the requirement that anyone arrested for these offenses must be promptly handed over to the authorized officer for further processing.
Key Provisions:
- Forwarding Arrested Person:
- If a person is arrested for an offense listed in Section 179(2) and the arrest is made by someone other than the authorized officer, the arrested individual must be immediately forwarded to the officer who has the legal authority to handle such arrests.
- This ensures that the arrest is properly processed and that the authorized officer can take appropriate action in accordance with the law.
- Timeliness of the Forwarding:
- The forwarding of the arrested person must happen without delay. This is crucial to prevent unlawful detention and to ensure that the person’s rights are respected during the arrest process. Immediate forwarding ensures that the legal process continues smoothly without unnecessary interruption.
Context and Importance:
- Ensuring Legal Compliance:
- This provision ensures that arrests made by unauthorized persons are not mishandled and that there is no deviation from the legal process. The requirement for forwarding the arrested individual to the authorized officer helps to maintain the integrity of the legal system and ensures that the arrest is dealt with appropriately.
- Centralized Handling:
- By directing all arrests to the authorized officer, the law ensures that a single authority handles the case from arrest to further legal action. This reduces the risk of confusion or errors in processing the arrested person and ensures uniformity in how offenses are dealt with.
- Protection of Rights:
- The quick forwarding of the arrested individual also helps protect their legal rights. Once in the custody of the authorized officer, the arrested person can be processed according to the law, which includes being brought before a magistrate in a timely manner, ensuring that the detention does not exceed the legal limits.
Practical Impact:
- Prevention of Unlawful Detention:
- The immediate forwarding of the arrested person to an authorized officer minimizes the risk of the person being illegally detained. It ensures that any person arrested is promptly handed over to the appropriate authority for further legal proceedings, which can prevent issues related to the unlawful extension of custody.
- Efficient Legal Procedures:
- The law promotes efficiency in the legal process. With a clear and timely handover to the authorized officer, the arrest and subsequent legal actions are streamlined, ensuring the effective administration of justice.
Conclusion:
Section 180C ensures that individuals arrested for certain offenses under the Railways Act are properly processed by the designated authority. The provision mandates that such individuals be promptly forwarded to an authorized officer, preventing delays or improper handling of the arrest. This procedural safeguard upholds legal compliance and protects the rights of those arrested under the Railways Act.
