(1) A railway administration may, by order in writing, authorise any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court..
(2) A person authorised by a railway administration to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without the permission of the Magistrate.
Simplified Explanation
Overview:
This section empowers railway administrations to designate individuals to act on their behalf in legal proceedings and prosecute cases without needing prior permission from a Magistrate.
Key Provisions:
- Representation in Legal Proceedings:
- The railway administration can formally appoint any railway servant or another person to act on its behalf in any type of court proceedings—civil, criminal, or otherwise.
- This ensures that the administration’s interests are represented consistently and efficiently.
- Prosecution Rights:
- The provision grants an authorized person the right to prosecute on behalf of the railway administration without seeking permission from the Magistrate, bypassing the general restrictions in Section 302 of the Code of Criminal Procedure (CrPC), which typically requires such permission for private prosecutions.
Practical Implications:
- Efficient Legal Representation:
- By authorizing specific individuals, railway administrations can ensure that their interests are well-represented in various legal matters without delays.
- Streamlined Prosecutions:
- The ability to prosecute without requiring a Magistrate’s permission expedites legal proceedings, particularly for offenses under railway-related laws.
- Flexibility in Choice of Representatives:
- The administration can appoint legal professionals, railway employees, or other competent individuals based on the requirements of the case.
- Compliance and Accountability:
- Ensures that the person authorized has formal approval in writing, providing clarity and accountability in legal processes.
Examples:
- If a railway administration needs to defend itself in a property dispute in a civil court, it can appoint a legal officer or another railway servant to represent its interests without the need for continuous managerial oversight.
- In a case involving the theft of railway property, the railway administration can authorize a competent railway official to prosecute the case in court directly, bypassing the requirement for the Magistrate’s permission under Section 302 of the CrPC.
Legal Context:
- Section 302 of CrPC:
- Generally, private individuals require permission from a Magistrate to prosecute cases. This section overrides that provision for railway administrations, allowing smoother prosecution of offenses.
- Purpose of the Provision:
- To ensure that railway administrations have the capacity to address and resolve legal matters swiftly, given the public utility nature of their services.
Conclusion:
Section 195 empowers railway administrations to act decisively in legal matters by allowing them to authorize representatives and conduct prosecutions independently. This provision reflects the importance of ensuring that the railway system, a critical public utility, can protect its interests and maintain smooth operations in the face of legal challenges.
