( 1 ) AN Act to provide for the constitution and regulation of a Force called the Railway Protection Force for the better protection and security of railway property.

( 2 ) THE preamble therefore makes it clear that the object of the Act is to constitute a Force which is called the Railway Protection Force for the better protection and security of the railway property. By sec. 5 designation of the members of the Force is given under which designation there are A Class officers which comprise of the Inspector the Sub-Inspector and the Assistant sub-inspector. It may be mentioned that Sardulsing is a sub-inspector and Rohitlal is an assistant sub-inspector. There is also B Class of officers comprising other ranks of Head Rakshak Senior Rakshak and Rakshak. The duties of the members of the Force are provided for in sec. 11 of the said Act.

( 3 ) 11 It shall be the duty of every superior officer and member of the Force (A) promptly to execute all orders lawfully issued to him by his superior authority (b) to protect and safeguard railway property; (c) to remove any obstruction in the movement of the railway property (d) to do any other act conducive to the better protection and security of railway property. Sec. 12 gives power to arrest without warrant: 12 Any superior officer or member of the Force may without any order from a Magistrate and without a warrant arrest (a) any person who has been concerned in an offence relating to railway property punishable with imprisonment for a term exceeding six months or against whom a reasonable suspicion exists of his having been so concerned; or (b) any person found taking precautions to conceal his presence within railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of or damage to railway property.

( 4 ) IN other words under section 12 any superior office or member of this Force may without a warrant arrest any person who has been concerned in an offence relating to railway property punishable with imprisonment with a term exceeding six months or against whom a reasonable suspicion exists of his having been so concerned or a person who is found in suspicious circumstances trying to conceal his presence within railway limits under such circumstances as would indicate that he is trying to conceal himself with a view to committing theft or damage to the railway property. By section 13 whenever any superior officer or any member of the Force not below the rank of a senior Rakshak has reason to believe that any such offence as referred to in section 12 has been or is being committed and that a search warrant cannot be obtained without affording an opportunity of escaping or of concealing evidence of the offence he may detain him and search his person and belongings forthwith all if he thinks proper arrest any person whom he had reason to believe to have committed the offence and by sub-section (2) of section 13 the provisions of the Code of Criminal Procedure relating to searches under that Code shall so far as may be apply to searches under section 13 (1 ). In other words a superior officer or a member of the Force of a particular rank if he finds that an offence of the kind referred to under section 12 has been or is being committed and that a search warrant cannot be obtained promptly and that delay would give an opportunity to the offender to escape then in such circumstances a power is given to such officer to detain an offender and search his person and belongings forthwith and arrest that person. In other words the powers given under sec. 12 are to arrest without warrant a person who is found to be concerned in an offence relating to railway property punishable with imprisonment for a term exceeding six months or against whom a reasonable suspicion exists or his having been concerned in such offence and also to arrest any person who is concealing his presence within the railway limits in orde