Section 180D of RA, 1989 : Section 180D: Inquiry How To Be Made Against Arrested Person

RA, 1989

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Explanation using Example

Imagine John is caught vandalizing a train compartment. A railway officer authorized under The Railways Act, 1989, arrests John for this offence. Following his arrest, the officer must conduct an inquiry into the vandalism charges against John.

In doing so, the officer has the authority similar to that of a police officer in charge of a police station investigating a cognizable offence under the Code of Criminal Procedure. If the officer finds substantial evidence or believes there's a strong suspicion that John is guilty, he has two options:

  • Grant John bail, setting terms for him to appear before a Magistrate; or
  • Send John to a Magistrate in custody for further proceedings.

If, however, the officer concludes there isn't enough evidence against John, he must release him. John would be required to sign a bond, with or without a surety, promising to appear before a Magistrate if called upon at a later date.