Power to arrest person causing mischief

(1) Any canal officer or canal subordinate may take into custody without warrant any person who in his view commits any of the offences mentioned in clause (a), (b), or (c) of section 94, and shall forthwith release him on bail, or, if he fails to furnish bail, take him, or cause him to be taken, to the nearest magistrate having jurisdiction to try the offence: Provided that if there be no such magistrate within a distance of five miles, the canal officer or canal subordinate making the arrest shall take the offender, or cause him to be taken, to the nearest police station, and the officer-in-charge of such police station may cause him to be taken before the nearest magistrate having jurisdiction to try the offence, or may take sufficient security for his appearance before such magistrate. (2) The custody of any person to whom an offender may be made over under sub-section (1) shall be deemed to be lawful custody.