Section 181 of RA, 1989 : Section 181: Magistrate Having Jurisdiction Under The Act

Explanation using Example

Imagine a situation where a person is caught without a valid ticket while traveling on a train, which is an offence under the Railways Act. This person is then taken to a local court for trial. According to Section 181 of The Railways Act, 1989, the trial for this offence cannot be conducted by a court that is lower in hierarchy than a Metropolitan Magistrate or a Judicial Magistrate of the first class. So, even if the local court is presided over by a magistrate of the second class, they would not have the jurisdiction to try this case. The case would have to be transferred to a court that has a Metropolitan Magistrate or a Judicial Magistrate of the first class.