THE DELHI POLICE ACT, 1978                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 

CHAPTER II 

3. One police force for the whole of Delhi. 

4. Superintendence of police force to vest in the Administrator. 

5. Constitution of police force. 

6. Commissioner of Police. 

7. Additional Commissioner of Police. 

8. Deputy, Additional Deputy and Assistant Commissioners of Police. 

9. Appointment of Principals of Police training institutions. 

10. Constitution of police districts, sub-divisions and police stations. 

11. Officers in charge of police districts, police sub-divisions and police stations. 

12. Appointment of subordinate ranks. 

13. Certificate of appointment. 

14. Effect of suspension of police officer. 

15. General powers of Commissioner of Police. 

16. Power of Commissioner of Police to investigate and regulate matters of police accounts. 

17. Special police officers. 

18. Additional police officers. 

CHAPTER III 

REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 

19. Framing of regulations for administration of the police. 

20. Commissioner of Police may call for returns. 

21. Powers of punishment. 

22. Procedure for awarding punishments. 

23. Appeal from orders of punishment. 

24. Police officers to be deemed to be always on duty and to be liable to employment in any part 

of Delhi. 

25. Circumstances under which police officer of subordinate rank may resign. 

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SECTIONS 

26. Certificate, arms, etc., to be delivered by person ceasing to be a police officer. 

27. Occupation of, and liability to vacate, premises provided for police officers. 

CHAPTER IV 

POLICE REGULATIONS 

28.  Power  to  make  regulations  for  regulating  traffic  and  for  preservation  of  order  in  public  

places, etc. 

29. Power to give directions to the public. 

30. Power to prohibit certain acts for prevention of disorder. 

31. Police to provide against disorder, etc., at places of public amusement or public assembly or 

meeting. 

32. Power to prohibit, etc., continuance of music, sound or noise. 

33. Issue of order of prevention of riot, etc. 

34. Maintenance of order at religious or ceremonial display, etc. 

35. Commissioner of Police may take special measures to prevent outbreak of epidemic disease at 

fairs, etc. 

36.  Power  to  reserve  street  or  other  public  place  for  public  purpose  and  power  to  authorise 

erecting of barriers in streets. 

37. Power to make regulations prohibiting disposal of the dead except at places set apart. 

CHAPTER V 

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE 

38. Employment of additional police to keep peace. 

39. Employment of additional police in cases of special danger to public peace. 

40. Employment of additional police at large work and when apprehension regarding behaviour 

of employees exists. 

41. Compensation for injury caused by unlawful assembly how recoverable. 

42. Dispute in regard to cost of deputing additional police or compensation under section 41. 

43. Recovery of amount payable under section 38, 39, 40 or 41. 

44. Collector to award compensation. 

45. Recovery of amounts payable under sections 39 and 41. 

46. Dispersal of gangs and bodies of persons. 

47. Removal of persons about to commit offences. 

48. Removal of persons convicted of certain offences. 

49. Period of operation of orders under section 46, 47 or 48. 

50. Hearing to be given before order under section 46, 47 or 48 is passed. 

51. Appeal against orders under section 46, 47 or 48. 

52. Finality of order in certain cases. 

53. Procedure on failure of person to leave the area and his entry therein after removal. 

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SECTIONS 

54.  Temporary  permission  to  enter  and  consequences  of  non-observance  of  conditions  of  such 

permission. 

55.  Taking  measurements  and  photographs,  etc.,  of  persons  against  whom  an  order  under    

section 46, 47 or 48 is made. 

56. Resistance to the taking of measurements, etc. 

57. Banning of use of dress, etc., resembling uniform of armed forces. 

58. Constitution of Defence Societies. 

CHAPTER VI 

EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS 

59. Duty of police officer to enforce provisions of the Act. 

60. Other duties of a police officer. 

61. Power to enter places of public resort. 

62. Power to search suspected persons in street, etc. 

63. Emergency duties of police. 

64. Superior police officer may himself perform duties imposed on a subordinate officer. 

65. Persons bound to comply with the reasonable directions of police officer. 

CHAPTER VII 

POWERS IN RELATION TO UNCLAIMED PROPERTY 

66. Police to take charge of unclaimed property. 

67. Procedure for disposal of property taken charge of under section 66. 

68. Delivery of property to person entitled. 

69. In default of claim, property to be at disposal of Government. 

CHAPTER VIII 

SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF 

CRIMINAL PROCEDURE, 1973 

70. Power of Central Government to authorise Commissioner of Police and certain other officers 
to  exercise  powers  of  District  Magistrates  and  Executive  Magistrates  under  the  Code  of 
Criminal Procedure, 1973. 

71. Notifications under section 70 to be laid before Parliament. 

72. References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of 

Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate. 

CHAPTER IX 

SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 

73. Powers with regard to offences under Act 59 of 1960. 

74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was 

taken. 

75. Veterinary officer to examine the animal. 

76. Animal to be dealt with under Act 59 of 1960. 

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SECTIONS 

77. Power of police officer to unsaddle animal or to unload it. 

78. Arrest without warrant in case of certain offences under Act 59 of 1960. 

79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960. 

CHAPTER X 

OFFENCES AND PUNISHMENTS 

80. Disregarding the rules of the road. 

81. Causing obstruction or mischief by animal. 

82. Exposing animal for hire, sale, etc. 

83. Causing any obstruction in a street. 

84. Obstructing a footway. 

85. Causing obstruction and annoyance by performances, etc. 

86. Doing offensive acts in or near a street or public place. 

87. Letting loose horse, etc., and suffering ferocious dogs to be at large. 

88. Bathing or washing in places not set apart for those purposes. 

89. Defiling water in public wells, etc. 

90. Obstructing bathers. 

91. Behaving indecently in public. 

92. Obstructing or annoying passengers in the street. 

93. Misbehaviour with intent to provoke a breach of the peace. 

94. Prohibition against flying kites, etc. 

95. Committing nuisance in or near street, etc. 

96. Disregard of notice in public building. 

97. Penalties for offences under sections 80 to 96. 

98. Penalty for failure to keep in confinement cattle, etc. 

99. Punishment for cruelty to animals. 

100. Wilful trespass. 

101. False alarm of fire or damage to fire alarm. 

102. Being found under suspicious circumstances between sunset and sunrise. 

103. Possession of property of which no satisfactory account can be given. 

104.  Omission  by  pawn-brokers,  etc.,  to  report  to  police  possession  or  tender  of  property 

suspected to be stolen. 

105. Melting, etc., of property referred to in section 104. 

106. Taking pledge from child. 

107. Suffering disorderly conduct at places of public amusement, etc. 

108. Cheating at games and gambling in street. 

109. Penalty for disobedience to order under section 27. 

110. Penalty for contravening regulations, etc., under section 28. 

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SECTIONS 

111. Liability of licensee of place of public amusement or entertainment for acts of servants. 

112. Penalty for not obtaining licence in respect of place of public entertainment or certificate of 
registration in respect of eating house or for not renewing such licence or certificate within 
prescribed period. 

113. Penalties for contravention of orders, etc., under sections 29, 30, 31, 32, 33 and 34. 

114. Penalty for contravention of regulations, etc., made under sections 35, 36 and 37. 

115. Penalty for contravention of directions under section 46, 47 or 48. 

116.  Penalty  for  entering  without  permission  area  from  which  a  person  is  directed  to  remove 

himself or overstaying when permitted to return temporarily. 

117. Penalty for contravention of orders under section 57. 

118.  Penalty  for  opposing  or  not  complying  with  direction  given  under  clause  (b)  of                 

sub-section (1) of section 59. 

119. Penalty for contravening directions under section 65. 

120. Dangerous performances. 

121. Neglect or refusal to serve as special police officer. 

122. Penalty for making false statement, etc., and for misconduct of police officers. 

123. Penalty for failure to deliver up certificate of appointment or other article. 

124. Vexatious entry, search, arrest, etc., by police officer. 

125. Penalty for vexatious delay in forwarding a person arrested. 

126. Penalty for unauthorised use of police uniforms. 

127. Power to make regulations regarding carrying weapons without authority. 

128. Prosecution for certain offences against this Act to be in the discretion of Delhi police. 

129. Summary disposal of certain cases. 

130. Prosecution for offences under other enactments not affected. 

131. Offences by companies. 

CHAPTER XI 

MISCELLANEOUS 

132. Disposal of fees, rewards, etc. 

133. Method of proving orders and notifications. 

134. Rules, regulations or orders not invalidated by defect of form or irregularity in procedure. 

135. Presumption in prosecutions for contravention of order made under section 46, 47 or 48. 

136. Officers holding charges of, or succeeding to, vacancies competent to exercise powers. 

137. Forfeiture of bond entered into by person under sub-section (1) of section 54. 

138. No police officer to be liable to penalty or damage for act done in good faith in pursuance of 

duty. 

139. No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, 

order or direction issued with apparent authority. 

140. Bar to suits and prosecutions. 

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SECTIONS 

141. Licences and written permissions to specify conditions, etc., and to be signed. 

142. Public notices how to be given. 

143. Consent, etc., of a competent authority may be proved by writing under its signature. 

144. Signature on notices, etc., may be stamped. 

145. Persons interested may seek to annul, reverse or alter any rule or order. 

146. Powers of Commissioner of Police under other Acts. 

147. Power to make rules. 

148.  Notification  of  rules  and  regulations  in  the  Official  Gazette  and  laying  of  rules  and 

regulations. 

149. Cesser of operation of certain enactments and savings. 

150. Police force functioning in Delhi immediately before the commencement of this Act to be 

deemed to be police force constituted under this Act. 

151. Power to remove difficulties. 

152. Repeal and saving. 

SCHEDULE I 

SCHEDULE II 

SCHEDULE III 

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THE DELHI POLICE ACT, 1978 

ACT NO. 34 OF 1978 

An  Act  to  amend  and  consolidate  the  law  relating  to  the  regulation  of  the  police  in  the  Union 

territory of Delhi. 

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— 

[27th August, 1978.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Delhi Police Act, 1978. 

(2) It extends to the whole of the Union territory of Delhi. 

(3) It shall be deemed to have come into force on the 1st day of July, 1978. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Administrator”  means  the  Administrator  of  Delhi  appointed  under  article  239  of  the 

Constitution; 

(b) “cattle” includes elephants, camels, horses, asses, mules, sheep, goats and swine; 

(c) “competent authority”, when used with reference to the exercise of any power or discharge of 

any  duty  under  the  provisions  of  this  Act,  means  the  Commissioner  of  Police  appointed  under   
section 6 or any other police officer specially empowered in that behalf by the Central Government; 

(d) “constable” means a police officer of the lowest grade; 

(e)  “Corporation”  means  the  Municipal  Corporation  of  Delhi  constituted  under  the  Delhi 

Municipal Corporation Act, 1957 (66 of 1957); 

(f) “Delhi” means the Union territory of Delhi; 

(g) “Delhi police” or “police force” means the police force referred to in section 3 and includes— 

(i)  all  persons  appointed  as  special  police  officers  under  sub-section  (1)  of  section  17  and 

additional police officers appointed under section 18; and 

(ii) all other persons, by whatever name known, who exercise any police function in any part 

of Delhi; 

(h) “eating house” means any place to which the public are admitted and where any kind of food 
or drink is supplied for consumption on the premises by any person owning, or having any interest in, 
or managing, such place and includes— 

(i) a refreshment room, boarding house or coffee house, or 

(ii) a shop where any kind of food or drink is supplied to the public for consumption in or 

near such shop, 

but does not include a place of public entertainment; 

(i)  “municipality”  means  the  New  Delhi  Municipal  Committee,  the  Cantonment  Board  or  any 
other municipal body, other than the Corporation, established by or under any law for the time being 
in force in or in any part of Delhi; 

(j) “place” includes— 

(i) any building, tent, booth or other erection, whether permanent or temporary; and 

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(ii) any area, whether enclosed or open; 

(k) “place of public amusement” means any place where music, singing, dancing or game or any 
other amusement, diversion, or recreation or the means of carrying on the same is provided, to which 
the public are admitted either on payment of money or with the intention that money may be collected 
from those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, 
gymnasium, fencing school, swimming pool or dancing hall; 

(l)  “place  of  public  entertainment”  means  a  lodging  house,  boarding  and  lodging  house  or 
residential  hostel  and  includes  any  eating  house  or  other  place  in  which  any  kind  of  liquor  or 
intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang 
or opium is supplied) to the public for consumption in or near such place; 

(m) “police officer” means any member of the Delhi police; 

(n) “prescribed” means prescribed by rules; 

(o) “public place” means any place to which the public have access, whether as of right or not, 

and includes— 

(i) a public building and monument and precincts thereof; and 

(ii) any place accessible to the public for drawing water, washing or bathing or for purposes 

of recreation; 

(p) “regulations” means regulations made under this Act; 

(q) “rules” means rules made under this Act; 

(r) “street” includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, 

footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare; 

(s)  “subordinate  ranks”  means  members  of  the  police  force  of  and  below  the  rank  of  the 

Inspector; 

(t)  “vehicle”  means  any  carriage,  cart,  van,  dray,  truck,  handcart  or  other  conveyance  of  any 

description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane. 

CHAPTER II 

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 

3. One police force for the whole of Delhi.—There shall be one police force for the whole of Delhi 
and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the 
force including the Delhi Armed Police. 

4.  Superintendence  of  police  force  to  vest  in  the  Administrator.—The  superintendence  of  the 
Delhi  police  throughout  Delhi  shall  vest  in,  and  be  exercisable  by  the  Administrator  and  any  control, 
direction  or  supervision  exercisable  by  any  officer  over  any  member  of  the  police  force  shall  be 
exercisable subject to such superintendence. 

5. Constitution of police force.—Subject to the provisions of this Act,— 

(a) the Delhi police shall consist of such number in the several ranks and have such organisation 
and  such  powers,  functions  and  duties  as  the  Administrator  may,  by  general  or  special  order, 
determine; and 

(b) the recruitment to, and the pay, allowances and all other conditions of service of the members 

of, the Delhi police shall be such as may be prescribed: 

Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances and 
other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and 
Nicobar Islands Police Service. 

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6.  Commissioner  of  Police.—For  the  direction  and  supervision  of  the  police  force  in  Delhi,  the 
Administrator shall appoint a Commissioner of Police who shall exercise and perform such powers and 
duties and perform such functions as are specified by or under this Act. 

7. Additional Commissioner of Police.—(1) The Administrator may appoint one or more Additional 

Commissioners of Police for the purposes of this Act. 

(2) The Additional Commissioner of Police shall— 

(a) assist the Commissioner of Police in the exercise of his powers and the performance of his 

duties in such manner and to such extent, and 

(b) exercise such powers and perform such duties of the Commissioner of Police and within such 

local limits, 

as the Administrator may, by general or special order, specify. 

8.  Deputy,  Additional  Deputy  and  Assistant  Commissioners  of  Police.—(1)  The  Administrator 
may  appoint  one  or  more  Deputy  Commissioners  of  Police  or  Additional  Deputy  Commissioners  of 
Police or Assistant Commissioners of Police for the purposes of this Act. 

(2) Without prejudice to the other provisions of this Act and subject to any general or special orders 
made  by  the  Administrator  in  this  behalf,  every  Deputy  Commissioner  of  Police  or  Additional  Deputy 
Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner 
of Police, exercise such of the powers (except the power to make regulations) and perform such of the 
duties of the Commissioner of Police and within such local limits as may be specified in such orders. 

9.  Appointment  of  Principals  of  Police  training  institutions.—(1)  (a)  The  Administrator  shall 
appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the 
Police Training School for Delhi. 

(b) The Commissioner of Police may by general or special order assign to the Principal of the Police 

Training School such powers and duties as he may deem fit for the proper functioning of that School. 

(2)  (a)  The  Administrator  may  establish  a  Police  Training  College  for  Delhi  and  appoint  a  police 

officer of appropriate rank to be the Principal of such College. 

(b) The Commissioner of Police may by general or special order assign to the Principal of the Police 
Training College such powers and duties as he may deem fit for the proper administration of that College. 

10.  Constitution  of  police  districts,  sub-divisions  and  police  stations.—Subject  to  the  control  of 

the Administrator, the Commissioner of Police shall— 

(a) constitute police districts within Delhi; 
(b) divide such police districts into police sub-divisions and specify the police stations comprised 

in each such sub-division; and 

(c) define the limits and extent of such police districts, police sub-divisions and police stations. 

11.  Officers  in  charge  of  police  districts,  police  sub-divisions  and  police  stations.—(1)  Each 
police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the 
discharge of his duties by one or more Additional Deputy Commissioners of Police. 

(2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police and 

each police station shall be under the charge of an Inspector of Police. 

12. Appointment of subordinate ranks.—Subject to such general or special orders in writing as the 

Administrator may make in this behalf,— 

(a) Inspectors of Police may be appointed by the Additional Commissioner of Police; and 

(b)  Sub-Inspectors  of  Police  and  other  officers  of  subordinate  rank  may  be  appointed  by  the 
Deputy  Commissioners  of  Police,  Additional  Deputy  Commissioners  of  Police,  Principal  of  the 
Police  Training  College  or  of  the  Police  Training  School,  or  any  other  police  officer  of  equivalent 
rank. 

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13. Certificate of appointment.—(1) Every police officer of the rank of Inspector and below shall on 

enrolment receive a certificate of appointment. 

(2)  The  certificate  shall  be  issued  under  the  seal  of  such  officer,  and  shall  be  in  such  form,  as  the 

Administrator may, by general or special order, specify. 

(3) A certificate of appointment shall become null and void when the person named therein ceases to 
belong to the Delhi police or shall remain inoperative during the period such person is suspended from the 
Delhi police. 

14. Effect of suspension of police officer.—The powers, functions and privileges vested in a police 

officer shall remain suspended while such police officer is under suspension from office: 

Provided that notwithstanding such suspension such person shall not cease to be a police officer and 
shall continue to be subject to the control of the same authorities to which he would have been subject if 
he had not been under suspension. 

15.  General  powers  of  Commissioner  of  Police.—The  Commissioner  of  Police  shall  direct  and 
regulate  all  matters  of  arms,  drill,  exercise,  observation  of  persons  and  events,  mutual  relations, 
distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail 
or the fulfilment of their duties by the police force under him. 

16. Power of Commissioner of Police to  investigate and regulate matters of police accounts.—
The  Commissioner  of  Police  shall  have  the  authority  to  investigate  and  regulate  all  matters  of  account 
connected with the Delhi police and all persons concerned shall be bound to give him reasonable aid and 
facilities in conducting such investigations and to conform to his orders consequent thereto. 

17. Special police officers.—(1) The Commissioner of Police may, at any time, by a written order, 
signed  by  himself  and  sealed  with  his  own  seal,  appoint  any  able  bodied  male  person  not  less  than 
eighteen years of age, whom he considers fit, to be a special police officer to assist the Delhi police on 
any  occasion,  when  he  has  reason  to  apprehend  the  occurrence  of  any  riot  or  grave  disturbance  of  the 
peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of 
persons residing, and for the security of property, within such area. 

(2) The  Commissioner  of  Police  shall  publish  the  names  of  special  police  officers  appointed  under 

this section in such manner as may be prescribed. 

(3) Any person objecting to the appointment of any person as such special police officer may send his 
reasons for such objection to the Commissioner of Police within fifteen days of such appointment and the 
Commissioner may accept such objection and cancel the appointment of such officer or, after giving to 
the objector an opportunity to be heard, reject the objection. 

(4) Every special police officer appointed under this section shall, on appointment,— 

(a) receive a certificate of appointment in such form as may be specified by the Administrator in 

this behalf; 

(b) have the same powers, privileges and immunities and perform the same duties and be subject 

to the same authorities as an ordinary police officer. 

18.  Additional  police  officers.—Where additional  police  officers  are required to  be  deputed  under 
section 38, section 39 or section 40 the Commissioner of Police may appoint such number of additional 
police officers as he considers necessary and every such additional police officer shall, on appointment,— 

(a) receive a certificate of appointment in such form as may be specified by the Administrator in 

this behalf; 

(b) have such of the powers, privileges and immunities and perform such of the duties of a police 

officer as are specifically mentioned in the certificate; and 

(c) be subject to the same authorities as an ordinary police officer of the same or similar rank or 

grade. 

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CHAPTER III 

REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 

19.  Framing  of  regulations  for  administration  of  the  police.—Subject  to  the  orders  of  the 
Administrator, the  Commissioner  of  Police  may  make  regulations  not inconsistent  with  this  Act  or  any 
other law for the time being in force— 

(a) regulating the inspection of the police force by his subordinates; 

(b)  determining  the  description  and  quantity  of  arms,  accoutrements,  clothing  and  other 

necessaries to be furnished to the police; 

(c) prescribing the places of residence of members of the police force; 

(d) for institution, management and regulation of any police fund for any purpose connected with 

police administration; 

(e) regulating the distribution, movements and location of the police; 

(f)  assigning  duties  to  police  officers  of  all  ranks  and  grades,  and  prescribing  the  manner  in 
which, and the conditions subject  to  which  they  shall  exercise  and  perform  their  respective  powers 
and duties; 

(g) regulating the collection and communication by the police of intelligence and information; 

(h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of 

their duties. 

20. Commissioner of Police may call for returns.—The Commissioner of Police may call for such 
returns, reports and statements on any subject connected with the prevention and detection of crime, the 
maintenance of order and the performance of the duties of his subordinates as such subordinates may be 
able to furnish to him. 

21. Powers of punishment.—(1) Subject to the provisions of article 311 of the Constitution and the 
rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, 
Additional  Deputy  Commissioner  of  Police,  Principal  of  the  Police  Training  College  or  of  the  Police 
Training School or any other officer of equivalent rank, may award to any police officer of subordinate 
rank any of the following punishments, namely:— 

(a) dismissal; 

(b) removal from service; 

(c) reduction in rank; 

(d) forfeiture of approved service; 

(e) reduction in pay; 

(f) withholding of increment; and 

(g) fine not exceeding one month’s pay. 

(2) Subject to the rules— 

(a) any police officer specified in sub-section (1) may award the punishment of censure to any 

police officer of subordinate rank; 

(b) the Assistant Commissioner of Police may award the punishment of censure to police officers 

of, or below, the rank of Sub-Inspectors of Police; 

(c)  any  police  officer  of,  and  above,  the  rank  of  Inspector  may  award  punishment  drill  not 

exceeding fifteen days or fatigue duty or any other punitive duty to constables. 

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(3)  Nothing  in  sub-section  (1)  or  sub-section  (2)  shall  affect  any  police  officer’s  liability  for 

prosecution and punishment for any offence committed by him. 

(4)  The  Commissioner  of  Police,  Additional  Commissioner  of  Police,  Deputy  Commissioner  of 
Police,  Additional  Deputy  Commissioner  of  Police,  Principal  of  the  Police  Training  College  or  of  the 
Police Training School, Assistant Commissioner of Police, or any other police officer of equivalent rank 
may  suspend  any  police  officer  of  subordinate  rank  who  is  reasonably  suspected  to  be  guilty  of 
misconduct, pending an investigation or enquiry into such misconduct. 

(5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police, 
who  is  reasonably  suspected  to  be  guilty  of  misconduct,  pending  an  investigation  or  enquiry  into  such 
misconduct. 

22.  Procedure  for  awarding  punishments.—When  any  officer  passes  an  order  of  awarding  a 
punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, 
withholding of increments or fine, he shall record such order or cause the same to be recorded together 
with the reasons therefor, in accordance with the rules. 

23. Appeal from orders of punishment.—An appeal against any order of punishment passed against 
a  police  officer  under  section  21  or  the  rules  thereunder  [not  being  an  order  of  punishment  under      
clause (c) of sub-section (2) of that section] shall lie— 

(a) where the order is passed by the Commissioner of Police, to the Administrator; 

(b) where the order is passed by an Additional Commissioner of Police, to the Commissioner of 

Police; 

(c)  where  the  order  is  passed  by  a  Deputy  Commissioner  of  Police,  Additional  Deputy 
Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner 
of Police or any other officer of equivalent rank, to the Additional Commissioner of Police. 

24. Police officers to be deemed to be always on duty and to be liable to employment in any part 
of  Delhi.—Every  police  officer  not  on  leave  or  under  suspension  shall  for  all  purposes  of  this  Act  be 
deemed to be always on duty and any police officer or any number or body of police officers allocated for 
duty  in  any  part  of  Delhi  may,  if  the  Commissioner  of  Police  so  directs,  at  any  time,  be  employed  on 
police duty in any other part of Delhi for so long as the services of the police officer or number or body of 
police officers may be required in such other part of Delhi. 

25. Circumstances under which police officer of subordinate rank may resign.—(1) Resignation 
of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the 
officer  so  empowered  to  appoint  being  hereafter  in  this  section  referred  to  as  the  appointing  authority) 
officers of such subordinate rank. 

(2) A police officer of subordinate rank who intends to resign from police service shall give to the 
appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from 
duty unless he has been granted permission to resign by such authority and two months have elapsed from 
the date on which he tendered his resignation: 

Provided that the appointing authority may at his discretion, permit a Head Constable or a constable 

to withdraw himself from duty on his crediting to the Government two months’ pay in lieu of notice. 

(3)  A  Head  Constable  or  a  constable  who  has  agreed  to  serve  for  any  specific  period  may  not  be 

permitted to resign before the expiry of that period. 

(4)  Inspectors,  Sub-Inspectors  or  Assistant  Sub-Inspectors  of  Police,  whose  appointments  involve 
training at any Police Training College or Police Training School may not be permitted to resign within 
three years from the date of their successfully completing the training. 

(5)  No  police  officer  of  subordinate  rank  whose  resignation  has  been  accepted  by  the  appointing 
authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as 
such  police  officer  to  Government  or  to  any  police  fund  and  has  surrendered  his  certificate  of 

12 

 
appointment, arms, accoutrements, uniform and all other Government property in his possession and has 
also rendered a complete account of all Government money and property for which he is responsible. 

(6)  Notwithstanding  anything  contained  in  this  section  if  any  police  officer  of  subordinate  rank 
tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any 
other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of 
disease  or  mental  or  physical incapacity  for further  service in  the  police,  the appointing  authority  shall 
forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the 
payment of, any debt due from him as such police officer to Government or to any police fund: 

Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform 

and all other Government property in his possession before he is permitted to withdraw from duty. 

(7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his 
office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit 
all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or 
any other law for the time being in force. 

(8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by 

the appointing authority a Discharge Certificate in such form as may be prescribed. 

26.  Certificate,  arms,  etc.,  to  be  delivered  by  person  ceasing  to  be  a  police  officer.—(1)  Every 
person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered 
by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, 
Principal  of  the  Police  Training  College  or  of  the  Police  Training  School,  Additional  Deputy 
Commissioner of Police or any other  officer of equivalent rank to whom such officer is subordinate, to 
receive  the  same,  his  certificate  of  appointment  and  the  arms,  accoutrements,  clothing  and  other 
accessories which have been provided to him for the performance of duties and functions connected with 
his office. 

(2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the 
time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training 
College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or 
an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found, 
any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1). 

(b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or 
the police officer issuing the warrant so directs, by any other person in the same manner as if it were a 
warrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974). 

(3)  Nothing  in  this  section  shall  apply  in  relation  to  any  article  which  under  the  orders  of  the 

Commissioner of Police has become the property of the person to whom the same was provided. 

27.  Occupation  of,  and  liability  to  vacate,  premises  provided  for  police  officers.—(1)  A  police 

officer occupying any premises provided by the Commissioner of Police for his residence shall— 

(a) occupy the same subject to such terms and conditions as may, by general or special order, be 

specified by the Commissioner of Police; and 

(b) notwithstanding anything contained in any law for the time being in force, vacate the same on 
his ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised by 
the  Administrator  in  this  behalf  considers  it,  for  reasons  to  be  recorded  in  writing,  necessary  and 
expedient to require him to do so. 

(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, 
the Administrator or the officer authorised in this behalf by the Administrator may order such person to 
vacate the premises and may direct any police officer with such assistance as may be necessary to enter 
upon the premises and remove therefrom any person found therein and to take possession of the premises 
and deliver the same to any person specified in the direction. 

13 

 
 
 
CHAPTER IV 

POLICE REGULATIONS 

28.  Power  to  make  regulations  for  regulating  traffic  and  for  preservation  of  order  in  public 
places,  etc.—(1)  The  Commissioner  of  Police  may,  by  notification  in  the  Official  Gazette,  make 
regulations to provide for all or any of the following matters, namely:— 

(a)  licensing  and  controlling  persons  offering  themselves  for  employment,  outside  railway 
stations and other places where passengers arrive, for the carriage of passengers’ baggages and fixing 
and providing for the enforcement of a scale of charges for the labour of such persons so employed; 

(b) regulating traffic of all kinds in streets and other public places, and the use of streets and other 
public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to 
prevent danger, obstruction or inconvenience to the public; 

(c) regulating the conditions under which vehicles may remain standing in streets and other public 

places, and the use of streets as halting places for vehicles or cattle; 

(d) specifying the number and position of lights to be used on vehicles in streets and the hours 

between which such lights should be used; 

(e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, 
device or representation for the purpose of advertisement, which is visible against the sky from some 
point in any street and is hoisted or held aloft over any land, building or structure at such height as 
may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of 
such sign, device or representation at that height being a distraction, or causing obstruction, to such 
traffic; 

(f) specifying certain hours of the day during which cattle shall not be driven, or, as the case may 
be,  driven  only  in  accordance  with  such  regulations,  along  the  streets,  or  along  certain  specified 
streets; 

(g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous 

animal through or in any street; 

(h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, 
iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and 
hours for such conveyance; 

(i)  licensing,  controlling  or,  in  order  to  prevent  obstruction,  inconvenience,  annoyance,  risk, 
danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and 
public places of gunpowder or any other explosive substance; 

(j)  prohibiting,  except  along  certain  specified  streets  and  during  specified  hours  and  subject  to 
such conditions as may be specified in that behalf, the exposure or movement in any street of persons 
or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such 
carcasses or corpses of persons deceased; 

(k) specifying certain hours of the day during which ordure or offensive matter or objects shall 
not  be  taken  from  or  into  houses  or  buildings  in  certain  streets  or  conveyed  through  such  streets 
except in accordance with such regulations; 

(l) setting apart places for slaughtering animals, the cleaning of carcasses or hides, the deposit of 

noxious or offensive matter and for obeying calls of nature; 

(m)  in  cases  of  existing  or  apprehended  epidemic  or  infectious  disease  of  men  or  animals,  the 
cleanliness  and  disinfection  of  premises  by  the  occupier  thereof  and  residents  therein  and  the 
segregation and management of the persons or animals diseased or supposed to be diseased, as may 
have been directed or approved by the Administrator, with a view to prevent the disease or check the 
spread thereof; 

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(n) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes 
only, the use of any source, supply or receptacle of water and providing against pollution of the same 
or of the water therein; 

(o)  licensing,  controlling  or,  in  order  to  prevent  obstruction,  inconvenience,  annoyance,  risk, 
danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the 
beating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisy 
instruments in or near streets or other public places; 

(p)  regulating  the  conduct  of  or  behaviour  or  action  of  persons  constituting  assemblies  and 
processions on or along the streets and specifying in the case of processions, the routes by which, the 
order in which, and the times at which, the same may pass; 

(q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the 

making of a projection or structure so as to obstruct traffic or the free access of light and air; 

(r) prohibiting, except in accordance with such regulations, the placing of building materials or 

other articles or the fastening or detention of any horse or other animals in any street or public place; 

(s)  licensing,  controlling  or,  in  order  to  prevent  obstruction,  inconvenience,  annoyance,  risk, 

danger or damage to the residents or passengers in the vicinity, prohibiting— 

(i) the illumination of streets and public places and the exteriors of building abutting thereon 
by  persons  other  than  servants  of  Government  or  Corporation  or  other  Municipal  officers  duly 
authorised in that behalf, 

(ii) the blasting of rock or making excavations in or near streets or public places, 

(iii)  the  using  of  loudspeaker  in  or  near  any  public  place  or  in  any  place  of  public 

entertainment; 

(t) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other 

cause, with such exceptions as shall appear reasonable; 

(u) guarding against injury to person and property in the construction, repair and demolition of 
buildings, platforms and other structures from which danger may arise to passengers, neighbours or 
the public; 

(v) prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfire 
or wantonly discharging a fire-arm or air-gun, or letting off or throwing a fire work or, sending up a 
fire balloon or rocket in or upon a street or within fifty feet of a street or building or the putting up of 
any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or 
other contrivances for illumination except in accordance with regulations in this behalf; 

(w) regulating the hours during which and the manner in which any place for the disposal of the 
dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the 
equal  and  appropriate  application  of  its  advantages  and  accommodation  and  to  maintain  orderly 
conduct amongst those who resort thereto; 

(x) (i) licensing or controlling places of public amusement or public entertainment; 

(ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, in 
order  to  prevent  obstruction,  inconvenience,  annoyance,  risk,  danger  or  damage  to  the  residents  or 
passengers in the vicinity; and 

(iii)  regulating  the  means  of  entrance  and  exit  at  places  of  public  amusement  or  public 
entertainment or assembly and providing for the maintenance of public order and the prevention of 
disturbance thereat; 

(y) (i) licensing or controlling in the interest of public order, decency or morality or in the interest 
of  the  general  public  (with  such  exceptions  as  may  be  specified  in  such  regulations),  musical, 
dancing, mimetic or theatrical or other performances for public amusement, including melas; 

15 

 
(ii) regulating in the interest of public order, decency or morality or in the interest of the general 
public,  the  employment  of  artists  and  the  conduct  of  the  artists  and  the  audience  at  such 
performances; 

(iii) prior scrutiny of such performance and of the scripts in respect thereof, if any, and granting 
of  suitability  certificate  therefor  subject  to  conditions,  if  any,  by  a  Board  appointed  by  the 
Administrator  for  the  purpose,  either  for  the  whole  of  Delhi  or  for  the  area  concerned  or  by  an 
Advisory  Committee  constituted  by  the  Commissioner  of  Police  (the  members  of  the  Board  or  the 
Advisory Committee being persons who in the opinion of the Administrator or, as the case may be, 
the  Commissioner,  possess  knowledge  of,  or  experience  in, literature,  the theatre  and  other  matters 
relevant  to  such  scrutiny),  provision  for  appeal  against  the  order  or  decision  of  the  Board  or  the 
Advisory Committee to an appellate authority, its appointment or constitution, its procedure and other 
matters  ancillary  thereto,  and  the fees (whether  in the  form  of  court-fee  stamps  or  otherwise)  to  be 
charged  for  the  scrutiny  of  such  performances  or  scripts,  for  applications  for  obtaining  such 
certificates  and  for  issuing  duplicates  thereof  and  in  respect  of  such  appeals  and  any  such 
performances and of the scripts in respect thereof granted suitability certificate by any State shall be 
exempted from this section; 

(iv) regulating the hours during which and the places at which such performances may be given; 

(z) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, 

to a place of public amusement; 

(za)  registration  of  eating  houses,  including  granting  a  certificate  of  registration  in  each  case, 
which shall be deemed to be a written permission required and obtained under this Act for keeping 
the eating house, and annual renewal of such registration within a specified period; 

(zb) prescribing the procedure in accordance with which any licence or permission sought to be 
obtained or required under this Act should be applied for and fixing the fees to be charged for any 
such licence or permission: 

Provided  that  nothing  in  this  section  and  no  licence  or  certificate  of  registration  granted  under  any 
regulation  made  thereunder  shall authorise  any  person  to  import,  export, transport,  manufacture,  sell or 
possess  any  liquor,  or  intoxicating  drug,  in  respect  of  which  a  licence,  permit,  pass  or  authorisation  is 
required under any law relating to prohibition which is for the time being in force. 

(2) The power to make regulations under clause (b) of sub-section (1) shall be subject to the control 
of the Administrator and the power to make regulations under the other clauses of that sub-section shall 
be subject to the previous sanction of the Administrator. 

(3)  The  power  of  making  regulations  under  this  section  shall  be  subject  to  the  condition  of  the 
regulations  being  made,  after  previous  publication  and  for  the  purposes  of  section  23  of  the  General 
Clauses Act, 1897 (10 of 1897) such regulations shall be deemed to be rules; and every regulation made, 
under  this  section,  shall  also  be  published  in  the  locality  affected  thereby  by  affixing  copies  thereof  in 
conspicuous places near to the building, structure, work or place, as the case may be, to which the same 
specially relates or by proclaiming the same by the beating of drum or by advertising the same in such 
local newspapers in Hindi, Urdu and English, or in two or more of these languages, as the Commissioner 
of  Police  may  deem  fit,  or  by  any  two  or  more  of  these  means,  or  by  any  other  means  he  may  think 
suitable: 

Provided that any such regulation may be made without previous publication if the Commissioner of 
Police  is  satisfied  that  circumstances  exist  which  render  it  necessary  that  such  regulation  should  be 
brought into force at once. 

(4)  If  any  regulation  made  under  this  section relates to  any  matter  with respect  to  which  there  is  a 
provision in any law, rule or bye-law of the Corporation or of any other municipal or local authority in 
relation to public health, convenience or safety of the locality such regulation shall be subject to such law, 
rule or bye-law. 

16 

 
29. Power to give directions to the public.—The Commissioner of Police and, subject to the orders, 
if any, made by the Commissioner of Police, every police officer not inferior in rank to an Inspector, may 
from time to time as occasion may arise, but not so as to contravene any regulation made under section 28 
or any law, rule, or bye-law referred to in sub-section (4) of that section, give all such orders either orally 
or in writing as may be necessary to— 

(a)  direct  the  conduct  of,  and  behaviour  or  action  of  persons  constituting  processions  or 

assemblies on or along streets; 

(b) specify the routes by which and the times at which any such processions may pass or shall not 

pass; 

(c) prevent obstructions— 

(i) on the occasion of all processions and assemblies; and 

(ii) in the neighbourhood of all places of worship during the time of worship; and 

(iii) in all cases when any street or public place or place of public resort may be thronged or 

liable to be obstructed; 

(d) keep order on, and in, all streets, and at, and within, public bathing and washing places, fairs, 

temples, mosques, gurdwaras, churches and all other places of public resort or public worship; 

(e) regulate and control the playing of music, singing or the beating of drums, tom-toms and other 
instruments and the blowing or sounding of horns or other noisy instruments in, and near, any street 
or public place; 

(f) regulate and control the use of loudspeakers in residential areas, streets, near any public places 

and places of public amusement or public entertainment; or 

(g)  make  reasonable  orders  consequential  to,  and  in  furtherance  of,  any  order  made  under  this 

section. 

30. Power to prohibit certain acts for prevention of disorder.—(1) The Commissioner of Police 
may, whenever and for such time as he shall consider necessary for the preservation of public peace or 
public safety, by notification publicly promulgated or addressed to individuals, prohibit, in relation to the 
whole of Delhi or any part thereof,— 

(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any 

other article, which is capable of being used for causing physical violence; 

(b) the carrying of any corrosive substance or explosives; 

(c) the carrying, collection or preparation of stones or other missiles or instruments or means of 

casting or impelling missiles; 

(d) the exhibition of persons or corpses; 

(e) the public utterance of cries, singing of songs or playing of music; or 

(f) the delivery of harangues, the use of gestures or mimetic representations, and the preparation, 
exhibition or dissemination of pictures, symbols, placards or any other subject or thing which may, in 
the  opinion  of  the  Commissioner  of  Police,  offend  against  decency  or  morality  or  undermine  the 
security of the State. 

(2) If any person goes armed with any such article as is referred to in clause (a) of sub-section (1) or 
carries any corrosive substance or explosive or missile or instrument in contravention of any prohibition 
under that sub-section, the article, corrosive substance or explosive or missile shall be liable to be seized 
from him by any police officer. 

(3) The Commissioner of Police may, by notification publicly promulgated, prohibit any assembly or 
procession  whenever  and  for  such  time  as  he  considers  such  prohibition  to  be  necessary  for  the 
preservation of the public order. 

17 

 
(4) No notification promulgated under sub-section (3) shall remain in force for more than fifteen days 

from the promulgation thereof: 

Provided that if the Administrator considers it necessary so to do for the preservation of the public 
order,  he  may,  by  order  published  in  the  Official  Gazette,  direct  that  such  notification  shall  remain  in 
force for such further period not exceeding six months from the date on which it would have, but for such 
order, expired as he may specify in the said order. 

31. Police to provide against disorder, etc., at places of public amusement or public assembly or 
meeting.—(1)  For  the  purpose  of  preventing  serious  disorder  or  breach  of  the  law  or  manifest  and 
imminent  danger  to  the  persons  assembled  at  any  place  of  public  amusement  or  at  any  assembly  or 
meeting to which the public are invited or which is open to the public, any police officer of the rank of 
Assistant  Sub-Inspector  and  above,  present  at  such  place  of  public  amusement,  or  such  assembly  or 
meeting,  may  subject to such  rules, regulations  and  orders  as  may  have  been lawfully  made,  give  such 
reasonable  directions  as  to  the  mode  of  admission  of  the  public  to,  and  for  securing  the  peaceful  and 
lawful conduct of the proceedings and the maintenance of the public safety at, such place  of amusement 
or such assembly or meeting as he thinks necessary and all persons shall be bound to conform to every 
such reasonable direction. 

(2)  Every  police  officer  shall  have  free  access  to  every  place  of  public  amusement,  assembly  or 
meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made 
thereunder. 

32.  Power  to  prohibit,  etc.,  continuance  of  music,  sound  or  noise.—(1)  If  the  Commissioner  of 
Police is satisfied from the report of an officer in charge of a Police Station, or other information received 
by him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, or 
risk  of  annoyance,  disturbance,  discomfort  or  injury,  to  the  public  or  to  any  person  who  dwells,  or 
occupies  property,  in  the  vicinity,  he  may,  by  written  order,  issue  such  directions  as  he  may  consider 
necessary to any person for preventing, prohibiting, controlling or regulating— 

(a) the incidence or continuance in any street, open space or any other premises of— 

(i) any vocal or instrumental music; 

(ii)  sounds  caused  by  the  playing,  beating,  clashing,  blowing  or  use  in  any  manner 
whatsoever  of  any  instrument,  appliance  or  apparatus  or  contrivance  which  is  capable  of 
producing or reproducing sound; or 

(iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at such 

pitch or volume as may cause disturbance to others, or 

(b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attended 

with noise: 

Provided that no directions shall be issued to any person under clause (b) without giving to such 

person an opportunity of being heard in the matter. 

(2) The Commissioner of Police may, either on his own motion or on the application of any person 

aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order: 

Provided that before any such application is disposed of, the Commissioner of Police shall afford to 
the applicant an opportunity of appearing, before him either in person or by counsel and showing cause 
against the order and shall, if he rejects any such application either wholly or in part, record the reasons 
for such rejection. 

33. Issue of order of prevention of riot, etc.—(1) In order to prevent or suppress any riot or grave 
disturbance  of  peace,  the  Commissioner  of  Police  may  temporarily  close  or  take  possession  of  any 
building or other place and may exclude all or any persons therefrom, or may allow access thereto to such 
persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to 
conduct themselves in accordance with such orders as the Commissioner of Police may make and notify 
in exercise of his powers under this section. 

18 

 
(2) If the lawful occupant of such building or place suffers any loss or injury by reason of the action 
taken  under  sub-section  (1),  he  shall  be  entitled,  on  an  application  made  therefor  to  the  competent 
authority within one month from the date of such action, to receive reasonable compensation for such loss 
or injury, unless such action was in the opinion of such competent authority rendered necessary either by 
the use to which such building or place was put, or intended to be put, or by the misconduct  of persons 
having access thereto. 

(3)  In  the  event  of  any  dispute  in  relation  to  the  amount  of  compensation  payable  under                  

sub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by the 
competent authority to the District Collector whose decision thereon shall be final. 

34. Maintenance of order at religious or ceremonial display, etc.—(1) In any case of an actual or 
intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street 
or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent 
authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the 
competent authority may give such orders as to the conduct of the persons concerned towards each other 
and towards the public as it shall deem necessary and reasonable under the circumstances, regard being 
had to the apparent legal rights and to any established practice of the parties and of the persons interested 
and all persons concerned shall obey such orders. 

(2) Every such order shall be published in the locality or place wherein it is to operate. 

(3)  Every  order  under  sub-section  (1)  shall  be  subject  to  any  judgment,  decree, injunction  or  order 
made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the 
competent authority that such order is inconsistent with a judgment, decree, injunction or order of such 
court. 

35. Commissioner of Police may take special measures to prevent outbreak of epidemic disease 
at fairs, etc.—(1) Whenever it shall appear to the Commissioner of Police that any place in Delhi (being 
a  place  where  on  account  of  a  pilgrimage,  fair  or  other  such  occurrence,  large  bodies  of  persons  have 
assembled or are likely to assemble) is visited or likely to be visited with an outbreak of any epidemic 
disease,  he  may  in  consultation  with  the  Corporation  or  municipality  within  the  local  limits  of  the 
jurisdiction  whereof  such  place  is  situated  take  such  special  measures  and  may  by  a  public  notice 
prescribe  such  regulations  to  be  observed  by  residents  of  the  said  place  and  persons  present  thereat  or 
repairing thereto or returning therefrom as he deems necessary to prevent the outbreak of such disease or 
the spread thereof. 

(2) The expenses incurred by the Commissioner of Police in respect of the arrangements for sanitation 
and  the  preservation  of  order  at  or  about  the  place  of  assembly  referred  to  in  sub-section  (1)  may  be 
recovered from the Corporation or the municipality concerned. 

36.  Power  to  reserve  street  or  other  public  place  for  public  purpose  and  power  to  authorise 
erecting  of  barriers  in  streets.—(1)  The  Commissioner  of  Police  may,  by  public  notice,  temporarily 
reserve for any public purpose any street or other public place and prohibit persons from entering the area 
so reserved, except on such conditions as may be specified by him. 

(2) The Commissioner of Police may, whenever in his opinion such action is necessary,— 

(a) authorise such police officer as he thinks fit to erect barriers on any street for the purpose of 
stopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of any 
law for the time being in force have not been contravened in respect of any such vehicle or by the 
driver or the person in charge of such vehicle; and 

(b) make such orders as he deems fit for regulating the use of such barriers. 

37. Power to make regulations prohibiting disposal of the dead except at places set apart.—(1) 
The  Commissioner  of  Police  may,  from  time  to  time,  make  regulations  prohibiting  the  disposal  of  the 
dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose: 

Provided that no such regulations shall be made in respect of any area for which places have not been 

so set apart: 

19 

 
Provided further that the Commissioner of Police or any officer authorised by him in this behalf may, 
in his discretion, on an application made to him by any person, grant to such person permission to dispose 
of the corpse of any deceased person at any place other than a place so set apart, if in his opinion such 
disposal  is  not  likely  to  cause  obstruction  to  traffic  or  disturbance  of  the  public  peace  or  is  not 
objectionable for any other reason. 

(2) Any regulations made under sub-section (1) shall specify the places set apart for the disposal of 

the dead of different communities or sections of communities. 

(3)  All  such  regulations  shall  be  deemed  to  be  rules  for  the  purposes  of  section  23  of  the  General 
Clauses Act, 1897 (10 of 1897) and shall be subject to the conditions of previous publication and the date 
to be specified under clause (3) of that section shall not be earlier than two months from the date on which 
the draft of the proposed regulations is published. 

CHAPTER V 

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE 

38. Employment of additional police to keep peace.—(1) The Commissioner of Police may, on the 
application of any person, depute any additional number of police to keep the peace, to preserve order, to 
enforce any of the provisions of this Act or of any other law in respect of any particular class or classes of 
offences or to perform any other duties imposed on the police at any place in Delhi. 

(2)  Such  additional  police  shall  be  employed  at  the  cost  (which  shall  be  determined  by  the 
Commissioner  of  Police  in  accordance  with  the  rules  made  in  this  behalf)  of  the  person  making  the 
application,  but  shall  be  subject  to  the  orders  of  the  police  authorities  and  shall  be  employed  for  such 
period as the Commissioner of Police considers necessary. 

(3) If the person upon whose application such additional police are employed shall at any time make a 
written  requisition  to  the  Commissioner  of  Police  for  the  withdrawal  of  the  said  police,  he  shall  be 
relieved from the cost thereof at the expiration of such period not exceeding one week from the date of 
the delivery of such requisition as the Commissioner of Police shall determine. 

(4) Where there is any dispute as to the amount to be paid by way of cost, the Commissioner of Police 
shall,  on  an  application  made  in  that  behalf  by  the  aggrieved  party,  refer  the  matter  to  the  District 
Collector, whose decision thereon shall be final. 

39.  Employment  of  additional  police  in  cases  of  special  danger  to  public  peace.—(1)  If  in  the 
opinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct of 
the inhabitants or of any particular section or the class of the inhabitants of such area renders it expedient 
to  employ  temporarily  additional  police  in  the  area,  he  may,  by  notification  in  the  Official  Gazette, 
specify the area (hereafter in this section referred to as the disturbed area) in which, and the period for 
which, the additional  police  shall  be  employed  and thereupon the  Commissioner  of  Police shall  depute 
such number of additional police officers as he considers necessary, in the disturbed area: 

Provided that the period so specified may be extended by the Administrator from time to time, if in 

his opinion it is necessary so to do in the interests of the public. 

(2)  On  the  issue  of  a  notification  under  sub-section  (1),  the  Administrator  may  require  the  District 
Collector, or any other authority specified by the Administrator, to recover, whether in whole or in part, 
the cost of such additional police generally from all persons who are inhabitants of the disturbed area or 
specially from any particular section or class of such persons, and in such proportion as the Administrator 
may direct. 

(3) It shall be lawful for the Administrator to exempt, by order in writing, and for sufficient reasons, 

any person from liability to bear any portion of the cost of such additional police. 

Explanation.—In this section and in section 41, the expression “inhabitants”, when used in relation to 
any disturbed area, includes persons who themselves or by their agents or servants occupy or hold land or 
other immovable property within such area and landlords who themselves or by their agents or servants 
collect rent from holders or occupants of land in such area notwithstanding that they do not actually reside 
therein. 

20 

 
40. Employment of additional police at large work and when apprehension regarding behaviour 

of employees exists.—(1) Whenever it appears to the Administrator or to the competent authority that— 

(a) any large work which is being carried on or any public amusement which is being conducted 

in any place is likely to impede the traffic or to attract a large number of people; or 

(b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on any 
railway,  canal  or  other  public  work,  or  in  or  upon  any  manufactory  or  other  commercial  concern, 
under  construction  or  in  operation  at  any  place  necessitates  the  employment  of  additional  police  at 
such place, 

the Administrator, or the competent authority, as the case may be, may depute such number of additional 
police to  the  said  place  for  so  long  as the  necessity  to  employ  the  additional  police  shall  appear to the 
Administrator or the competent authority to continue. 

(2)  Such  additional  police  shall  be  employed  at  the  cost  of  the  person  by  whom  the  work,  public 
amusement,  manufactory  or  concern  is  being  constructed,  conducted  or  carried  on  and  the  said  person 
shall pay the costs therefor at such rates as the Administrator or the competent authority, as the case may 
be, shall from time to time require. 

41. Compensation for injury caused by unlawful assembly how recoverable.—(1) When any loss 
or  damage  is  caused to  any  property  or  when  death results  or  grievous  hurt is caused  to any  person  or 
persons,  by  anything  done  in  the  prosecution  of  the  common  object  of  an  unlawful  assembly,  the 
Administrator may, by notification in the Official Gazette, specify the area (hereafter in this section called 
the “disturbed area”) in which, and the date on which or the period during which, such unlawful assembly 
was, in his opinion, held. 

(2) On the issue of a notification under sub-section (1), the District Collector may, after such inquiry 
as he deems necessary, determine the amount of the compensation which, in his opinion, should be paid 
to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. 

(3)  The  amount  of  the  compensation  shall  be  deemed  to  be  a  fine  imposed  under  this  section,  and 

shall be payable by the inhabitants of the disturbed area. 

(4)  It  shall  be  lawful  for  the  District  Collector  to  exempt,  by  order  in  writing  and  for  sufficient 

reasons, any person from liability to pay any portion of the compensation amount. 

42. Dispute in regard to cost of deputing additional police or compensation under section 41.—
In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation 
determined under section 41 or the person or persons or the section or class of persons by whom or the 
proportion  in  which  such  cost  or  compensation  should  be  paid,  the  matter  shall  be  referred  by  the 
Collector, or the Administrator or the competent authority, as the case may be, on an application made in 
that behalf by the aggrieved party, to the Chief Metropolitan Magistrate, whose decision thereon shall be 
final. 

43.  Recovery  of  amount  payable  under  section  38,  39,  40  or  41.—Any  amount  payable  under 
section 38,  section 39,  section  40 or section  41  shall be  recovered in the same  manner  as if it  were an 
arrear of land revenue. 

44.  Collector  to  award  compensation.—(1)  Amounts  payable  under  section  38,  section  39,     

section 40 or section 41 shall, when recovered, be credited to the Government. 

(2)  The  District  Collector  shall  pay,  from  the  amounts  recovered  by  him  as  compensation  payable 
under section 41, such amount as he deems just and proper by way of compensation to any person who 
has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by 
reason of anything done in the prosecution of the common object of the unlawful assembly. 

(3) No compensation shall be paid under this section, except when a claim has been made therefor 
within forty-five days from the date of the notification referred to in sub-section (1) of section 41 and the 
District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, 
damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been 
free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death. 

21 

 
(4) The compensation payable to any person under sub-section (2) shall not in any way be capable of 
being assigned or charged or be liable to attachment or to pass to any person other than the person entitled 
to it by operation of law, nor shall any claim be set off against the same. 

(5)  No  civil  suit  shall  be  maintainable  in  respect  of  any  loss,  damage  or  grievous  hurt  for  which 

compensation has been granted under this section. 

45. Recovery of amounts payable under sections 39 and 41.—Without prejudice to the provisions 
contained in section  43,  all  amounts  payable  under  section 39  or section  41  shall  be  recoverable  in the 
manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), as if each 
such amount were a fine imposed on an offender by a court. 

46. Dispersal of gangs and bodies of persons.—Whenever it appears to the Commissioner of Police 
that the movement or encampment of any gang or body of persons in any part of Delhi is causing or is 
calculated to cause danger to person or property or alarm or reasonable  suspicion that unlawful designs 
are entertained by such gang or body of persons or by members thereof, the Commissioner of Police may, 
by  order  addressed  to  the  persons  appearing  to  be  the  leaders  or  chief  men  of  such  gang  or  body  of 
persons and published  by announcement or beat of drums, or otherwise as the Commissioner of Police 
thinks fit direct the members of such gang or body of persons— 

(a) to so conduct themselves as shall seem necessary in order to prevent violence and alarm; or 

(b) to disperse and to remove themselves beyond the limits of Delhi, or any part thereof, within 
such time as the Commissioner of Police shall specify and not to enter Delhi or the part thereof, as the 
case may be, from which they were directed to remove themselves. 

47. Removal of persons about to commit offences.—Whenever it appears to the Commissioner of 

Police— 

(a) that the movements or acts of any person are causing or are calculated to cause alarm, danger 

or harm to person or property; or 

(b) that there are reasonable grounds for believing that such person is engaged or is about to be 
engaged in the commission of an offence involving force or violence or an offence punishable under 
Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code (45 of  1860) or 
under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any 
such offence; or 

(c) that such person— 

(i) is so desperate and dangerous as to render his being at large in Delhi or in any part thereof 

hazardous to the community; or 

(ii) has been found habitually intimidating other persons by acts of violence or by show of 

force; or 

(iii)  habitually  commits  affray  or  breach  of  peace  or  riot,  or  habitually  makes  forcible 
collection  of  subscription  or  threatens  people  for  illegal  pecuniary  gain  for  himself  or  for     
others; or 

(iv)  has  been  habitually  passing  indecent  remarks  on  women  and  girls,  or  teasing  them  by 

overtures; 

and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give 
evidence in public against such person by reason of apprehension on their part as regards the safety of 
their person or property, the Commissioner of Police may, by order in writing duly served on such person, 
or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem 
necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, 
by such route and within such time as the Commissioner of Police may specify and not to enter or return 
to Delhi or part thereof, as the case may be, from which he was directed to remove himself. 

22 

 
 
 
Explanation.—A  person  who  during  a  period  within  one  year  immediately  preceding  the 
commencement of an action under this section has been found on not less than three occasions to have 
committed or to have been involved in any of the acts referred to in this section shall be deemed to have 
habitually committed that act. 

48. Removal of persons convicted of certain offences.—If a person has been convicted— 

(a)  of  an  offence  under  Chapter  XII,  Chapter  XVI  or  Chapter  XVII  of  the  Indian  Penal           

Code (45 of 1860); or 

(b)  of  an  offence  under  section  3  or  section  4  of 

the  Delhi  Public  Gambling                               

Act,  1955  (Delhi  Act  9  of  1955),  or  under  section  12  of  that  Act  in  so  far  as  it  relates  to  satta         
gambling or on two or more occasions under any other provision of that Act (including section 12 of 
that Act in so far as it does not relate to satta gambling); or 

(c)  of  any  offence  under  the  Suppression  of  Immoral  Traffic  in  Women  and  Girls                     

Act, 1956 (104 of 1956); or 

(d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms 

Act, 1959 (54 of 1959); or 

(e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or 

(f)  of  any  offence  under  section  61,  section  63  or  section  66  of  the  Punjab  Excise                      

Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or 

(g) on two or more occasions of an offence under— 

(i) the Opium Act, 1878 (1 of 1878); or 

(ii) the Dangerous Drugs Act, 1930 (2 of 1930); or 

(iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or 

(iv)  section  11  of  the  Bombay  Prevention  of  Begging  Act,  1959  (Bombay  Act                     

No. 10 of 1960), as in force in Delhi; or 

(h) on three or more occasions of an offence under section 105 or section 107 of this Act, 

the Commissioner of Police may, if he has reason to believe that such person is likely again to engage 
himself in the commission  of  any  of  the  offences referred  to  in  this section,  by  order  in  writing,  direct 
such person to remove himself beyond the limits of Delhi or any part thereof, by such route and within 
such  time  as  the  Commissioner  of  Police  may  specify  and  not  to  enter  or  return  to  Delhi  or  any  part 
thereof, as the case may be, from which he was directed to remove himself. 

49.  Period  of  operation  of  orders  under  section  46,  47  or  48.—Any  direction  made  under      

section 46, section 47 or seclion 48 not to enter Delhi or any part thereof, shall be for such period as may 
be  specified  therein,  and  shall  in  no  case  exceed  a  period  of  two  years  from  the  date  on  which  it  was 
made. 

50. Hearing to be given before order under section 46, 47 or 48 is passed.—(1) Before an order 
under section 46, section 47 or section 48 is made against any person, the Commissioner of Police shall 
by notice in writing inform him of the general nature of the material allegations against him and give him 
a reasonable opportunity of tendering an explanation regarding them. 

(2) If such person makes an application for the examination of any witness to be produced by him, the 
Commissioner of Police shall grant such application and examine such witness, unless for reasons to be 
recorded  in  writing,  the  Commissioner  of  Police  is  of  opinion  that  such  application  is  made  for  the 
purpose of causing vexation or delay. 

(3) Any written explanation put in by such person shall be filed with the record of the case. 

(4)  Such  person  shall  be  entitled  to  be  represented  in  the  proceeding  before  the  Commissioner  of 

Police by a counsel. 

23 

 
(5)  (a)  The  Commissioner  of  Police  may  for  the  purpose  of  securing  the  attendance  of  any  person 
against whom any order is proposed to be made under section 46, section 47 or section 48 require such 
person, by order in writing, to appear before him and to furnish a security bond with or without sureties 
for attendance during the inquiry. 

(b)  The  provisions  of  sections  119 

to  124  (both 

inclusive)  of 

the  Code  of  Criminal                 

Procedure,  1973  (2  of  1974),  shall,  so  far  as  may  be,  apply  in  relation  to the  order  under  clause  (a)  to 
furnish security bond. 

(6) Without prejudice to the foregoing provisions, the Commissioner of Police, while issuing notice to 
any person under sub-section (1) may issue a warrant for his arrest and the provisions of sections 70 to 89 
(both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in 
relation to such warrant. 

(7) The provisions of  section 445, section 446, section 447 or section 448 of the Code of Criminal 
Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to all bonds executed under this 
section. 

51. Appeal against orders under section 46, 47 or 48.—(1) Any person aggrieved by an order made 
under section 46, section 47 or section 48 may appeal to the Administrator within thirty days from the 
date of the service of such order on him. 

(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting 
forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that 
order or a certified copy thereof. 

(3)  On  receipt  of  such  appeal,  the  Administrator  may,  after  giving  a  reasonable  opportunity  to  the 
appellant to be heard either personally or by a counsel and after such further inquiry, if any, as he may 
deem necessary, confirm, vary or set aside the order appealed against: 

Provided  that  the  order  appealed  against  shall  remain  in  force  pending  the  disposal  of  the  appeal, 

unless the Administrator otherwise directs. 

(4) The Administrator shall make every endeavour to dispose of an appeal under this section within a 

period of three months from the date of receipt of such appeal. 

(5) In calculating the period of thirty days provided for an appeal under this section, the time taken for 

obtaining a certified copy of the order appealed against, shall be excluded. 

52.  Finality  of  order  in  certain  cases.—An  order  passed  by  the  Commissioner  of  Police  under 
section 46, section 47 or section 48 or the Administrator under section 51 shall not be called in question 
in any court except on the ground— 

(a) that the Commissioner of Police or the Administrator, as the case may be, had not followed 
the  procedure  laid  down  in  sub-section  (1),  sub-section  (2)  or  sub-section  (4)  of  section  50  or  in 
section 51, as the case may be; or 

(b) that there was no material before the Commissioner of Police or the Administrator, as the case 

may be, upon which he could have based his order; or 

(c)  in  the  case  of  an  order  made  under  section  47  or  an  order  in  appeal  therefrom  to  the 
Administrator under section 51, the Commissioner of Police or the Administrator, as the case may be, 
was  not  of  the  opinion  that  witnesses  were  unwilling  to  come  forward  to  give  evidence  in  public 
against the person against whom such order has been made. 

53. Procedure on failure of person to leave the area and his entry therein after removal.—If a 
person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself 
from Delhi or any part thereof— 

(a) fails to remove himself as directed; or 

24 

 
 
 
(b) having so removed himself enters Delhi or any part thereof within the period specified in the 
order, otherwise than with the permission in writing of the Commissioner of Police under section 54, 

the Commissioner of Police may cause him to be arrested and removed in police custody to such place 
outside Delhi or any part thereof as the Commissioner of Police may in each case specify. 

54. Temporary permission to enter and consequences of non-observance of conditions of such 
permission.—(1)  The  Commissioner  of  Police  or  any  other  police  officer  specially  empowered  by  the 
Administrator  in  that  behalf  may,  by  order  in  writing,  permit  any  person,  in  respect  of  whom  an  order 
under  section  46,  section  47  or  section  48  has  been  made,  to  return  to  Delhi  or  any  part  thereof,  from 
which  he  was  directed  to  remove  himself,  for  such  temporary  period  and  subject  to  such  conditions  as 
may be specified in such order and may require him to execute a bond with or without surety for the due 
observance of the conditions imposed. 

(2) The Commissioner of Police may at any time revoke any such permission. 

(3)  Any  person  who  with  such  permission  returns  to  Delhi  or  any  part  thereof  shall  observe  the 
conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on 
the  revocation  of  such  permission  before  the  expiry  of  such  temporary  period,  shall  remove  himself 
outside Delhi or any part thereof, as the case may be, and shall not return thereto within the unexpired 
portion  of  the  period  specified  in  the  original  order  made  under  section  46,  section  47  or  section  48 
without a fresh permission. 

(4) If such person fails to observe any of the conditions imposed, or to remove himself accordingly or 
having so removed himself enters or returns to Delhi or any part thereof, as the case may be, without fresh 
permission, the Commissioner of Police may cause him to be arrested and removed in police custody to 
such place outside Delhi or part thereof as the Commissioner of Police may in each case specify. 

55.  Taking  measurements  and  photographs,  etc.,  of  persons  against  whom  an  order  under 
section 46, 47 or 48 is made.—Every person against whom an order has been made under section 46, 
section 47 or section 48 shall, if so required by the Commissioner of Police, allow his measurements and 
photograph to be taken by a police officer in the prescribed manner. 

56. Resistance to the taking of measurements, etc.—(1) If any person as aforesaid when required to 
allow  his  measurements  or  photograph  to  be  taken  resists  or  refuses  to  allow  the  taking  of  such 
measurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof. 

(2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shall 

be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). 

(3) Where an order under section 46, section 47 or section 48 is set aside in appeal, all measurements 
and  photographs  (including  negatives)  taken  under  this  section  shall  be  destroyed  or  made  over  to  the 
person against whom such order is made. 

57. Banning of use of dress, etc., resembling uniform of armed forces.—(1) If the Administrator is 
satisfied that the wearing in public, by any member of any body, or association or organisation, of any 
dress or article of apparel resembling any uniform required to be worn by a member of the Armed Forces 
of the Union or by a member of any police force or of any force constituted by or under any law for the 
time being in force, is likely to prejudice the security of the State or the maintenance of public order, he 
may, by a general or special order, prohibit or restrict the wearing, or display, in public of any such dress 
or article or apparel by any member of such body or association or organisation. 

(2) Every general or special order under sub-section (1) shall be published in the manner prescribed 

for the publication of a public notice under section 142. 

Explanation.—For the purposes of this section a dress or an article of apparel shall be deemed to be 

worn or displayed in public if it is worn or displayed in any place to which the public have access. 

58.  Constitution  of  Defence  Societies.—(1)  For the protection  of  persons, the security  of property 
and  the  public  safety  in  any  locality  the  Commissioner  of  Police  may  constitute  voluntary  bodies 
(hereafter in this section referred to as Defence Societies) in the prescribed manner. 

25 

 
(2) The Commissioner of Police or any officer of a Defence Society may at any time call up officers 
subordinate  to  him  or  any  member  of  a  Defence  Society  for  training  or  to  discharge  any  of  the  duties 
under this Act assigned to them. 

(3) Every officer or member of a Defence Society shall— 

(a)  on  appointment  receive  a  certificate  in  such  form  as  may  be  specified  or  approved  by  the 

Administrator in this behalf; and 

(b)  when called  up  for duty  have  the same  powers,  privileges  and  protection  as  are  vested in a 

police officer appointed under this Act. 

(4) Notwithstanding anything contained in any law for the time being in force, an officer or member 

of a Defence Society shall not be disqualified for being chosen as, or for being, a member of— 

(a) the Delhi Metropolitan Council or the Municipal Corporation of Delhi; or 

(b) any other local authority, 

by reason of the fact that he is a member or officer of such Society. 

CHAPTER VI 

EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS 

59. Duty of police officer to enforce provisions of the Act.—(1) It shall be the duty of every police 
officer  to  ensure  compliance  with  the  provisions  of  this  Act  or  any  rule,  regulation  or  order  made 
thereunder and for that purpose such police officer may,— 

(a) warn persons who from ignorance fail to comply with any provision of this Act or any rule, 

regulation or order made thereunder; 

(b)  require  any  person  acting  or  about  to  act  contrary  to  any  provision  of  this  Act  or  rule, 

regulation or order made thereunder, to desist from so doing; 

(c)  subject  to  the  provisions  of  sub-sections  (2)  and  (3),  arrest  any  person  contravening  any 
provision of this Act or any rule, regulation or order made threunder, where such contravention is an 
offence punishable under this Act; 

(d)  seize  any  object  used,  or  about  to  be  used,  in  contravening,  or  in  contravention  of,  the 
provisions of this Act or any rule, regulation or order made thereunder, where such contravention is 
an offence punishable under this Act. 

(2) A police officer shall not arrest any person under clause (c) of sub-section (1) without a warrant 

issued by a Metropolitan Magistrate, unless such person— 

(a) has contravened any regulation made under clause (b) of sub-section (1) of section 28; 

(b)  has  contravened  any  order  or  notification  made  under  section  29,  sub-section  (1)  or            

sub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57; 

(c)  commits  in  the  presence  of  such  police  officer  an  offence  punishable  under  section  97,       

sub-section (1) of section 108, clause (a), (b) or (c) of section 110 or sub-section (2) of section 113 in 
respect of the contravention of any order made under section 33 or section 34; 

(d)  has  committed,  or  is  reasonably  suspected  to  have  committed,  an  offence  punishable  under 
section 100 in relation to any dwelling house, private premises or any other land or ground attached 
thereto: 

Provided that the person in possession or having charge of that dwelling house, private premises 

or land or ground complains of the commission of such offence; 

(e)  has  committed,  or  is  reasonably  suspected  to  have  committed  an  offence  punishable  under 

section 101, section 102 or clause (c) of sub-section (2) of section 113; 

26 

 
 
 
(f) commits in his presence in any street or public place any non-cognizable offence punishable 

under this Act or any rule or regulation made thereunder if such person— 

(i) after being warned by the police officer persists in committing such offence; or 
(ii) refuses to accompany the police officer to a police station on being required so to do. 

(3) The Commissioner of Police or any other police officer especially empowered in this behalf by 
the Commissioner of Police may arrest without a warrant issued by a Metropolitan Magistrate any person 
who has committed an offence punishable under section 92. 

60. Other duties of a police officer.—It shall be the duty of every police officer— 

(a) promptly to serve every summons and obey and execute every warrant or other order lawfully 

issued to him by the competent authority and to comply with all lawful commands of his superior; 

(b)  to  the  best  of  his  ability,  to  obtain  intelligence  concerning  the  commission  of  cognizable 
offences or designs to commit such offences and to lay such information and to take such other steps 
consistent with law and with the orders of his superiors as shall be best calculated to bring offenders 
to  justice  and  to  prevent  the  commission  of  cognizable  and,  within  his  view,  of  non-cognizable 
offences; 

(c) to prevent to the best of his ability the commission of public nuisances; 

(d)  to  apprehend  without  unreasonable  delay  all  persons  whom  he  is  legally  authorised  to 

apprehend and for whose apprehension there is sufficient reason; 

(e) to aid any other police officer when called upon by such other police officer or in the case of 
need in the discharge of the duty of such other police officer, in such ways as would be lawful and 
reasonable on the part of the officer aided; 

(f) to prevent the breach of the public peace; 

(g) to afford every assistance within his power to disabled or helpless persons in the streets; 

(h)  to  take  charge  of  intoxicated  persons  and  of  lunatics  at  large,  who  appear  dangerous  or 

incapable or taking care of themselves; 

(i) to take prompt measures to procure necessary help for any person under arrest or in custody, 
who is wounded or sick and whilst guarding or conducting any such person to have due regard to his 
condition; 

(j)  to  arrange  for  the  proper  sustenance  and  shelter  of  every  person  who  is  under  arrest  or  in 

custody; 

(k)  in  conducting  searches,  to  refrain  from  needless  rudeness  and  the  causing  of  unnecessary 

annoyance; 

(l) in dealing with women and children, to act with strict regard to decency and with reasonable 

gentleness; 

(m) to use his best endeavours to prevent any loss or damage by fire; 

(n) to use his best endeavours to avert any accident or danger to the public; 

(o) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best 
of his ability, to prevent the contravention of any rule, regulation or order made under this Act or any 
other law in force for observance by the public in or near the streets; 

(p) to keep order in the streets and at and within public bathing and washing places, fairs, temples 

and all other places of public resort and in the neighbourhood of places of public worship; 

(q) to regulate resort to public bathing and washing places and all other places of public resort, to 
prevent  overcrowding  there  and  to  the  best  of  his  ability,  to  prevent  the  contravention  of  any 
regulation or order lawfully made for observance by the public at such place; and 

(r) to discharge such other duties as are imposed upon him by any law for the time being in force. 

27 

 
61.  Power  to  enter  places  of  public  resort.—Subject  to  the  provisions  of  this  Act  and  the  rules, 
regulations and orders made thereunder, every police officer may, for the purpose of discharging any of 
the duties referred to in section 59 or section 60 enter without a warrant and inspect any place of public 
resort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicating 
drinks or narcotics or a place for resort of loose and disorderly characters. 

62. Power to search suspected persons in street, etc.—When in a street or a place of public resort a 
person is in possession or suspected to be in possession of any article which a police officer in good faith 
suspects to be stolen property, such police officer may search such person and may require an account in 
relation to any article found in his possession and should the account given by the possessor be manifestly 
false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form 
and report the facts to a Metropolitan Magistrate who shall thereupon proceed according to the provisions 
of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974). 

63. Emergency duties of police.—(1) The Administrator may, by notification in the Official Gazette, 

declare any specified service to be an essential service to the community. 

(2) A declaration made under sub-section (1) shall remain in force for one month in the first instance, 

but may be extended from time to time by a like notification. 

(3) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be 
the  duty  of  every  police  officer  to  obey  any  order  given  by  any  superior  officer  in  relation  to  any 
employment in connection with the service specified in the declaration. 

64.  Superior  police  officer  may  himself  perform  duties  imposed  on  a  subordinate  officer.—A 
police  officer  of  a  rank  superior  to  that  of  a  constable  may  perform  any  duty  assigned  by  law  or  by  a 
lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, a 
superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or 
that  of  any  person  lawfully  acting  under  his  command  or  authority,  whenever  the  same  shall  appear 
necessary  or  expedient  for  giving  more  complete  or  convenient  effect  to  the  law  or  for  avoiding  any 
infringement thereof. 

65.  Persons  bound  to  comply with  the  reasonable  directions  of  police  officer.—(1)  All  persons 
shall be bound to comply with the reasonable directions given by a police officer in the discharge of his 
duties under this Act. 

(2)  Where  any  person  resists,  refuses  or  fails  to  comply  with  any  direction  referred  to  in                 

sub-section (1), a police officer may,  without prejudice to any other action that he  may take under any 
other provision of this Act or any other law for the time being in force, remove such person and either 
produce him before a Metropolitan Magistrate or, in trivial cases, release him when the occasion which 
necessitated the removal has ceased to exist: 

Provided that the person so removed shall in all cases be produced before the Metropolitan Magistrate 

or released, as the case may be, within a period of twenty-four hours of such removal. 

CHAPTER VII 

POWERS IN RELATION TO UNCLAIMED PROPERTY 

66. Police to take charge of unclaimed property.—(1) It shall be the duty of every police officer to 

take temporary charge— 

(a) of all unclaimed property found by, or made over to, him; and 

(b)  of  all  property  found  lying  in  any  public  street,  if  the  owner  or  person  in  charge  of  such 

property, on being directed to remove the same, refuses or fails to do so. 

(2) The police officer taking charge of the property under sub-section (1) shall furnish an inventory 

thereof to the Commissioner of Police. 

67.  Procedure  for  disposal  of  property  taken  charge  of  under  section  66.—(1)  Where  any 
property has been taken charge of under sub-section (1) of section 66, the Commissioner of Police shall 
issue a proclamation specifying the articles of which such property consists and requiring that any person 

28 

 
who may have a claim thereto shall appear before him or some other officer whom he authorises in this 
behalf and establish his claim within six months from the date of such proclamation. 

(2) If the property, or any part thereof, is subject to speedy and natural decay or consists of livestock 
or if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auction 
under the orders of the Commissioner of Police and the net proceeds of such sale shall be dealt with in the 
same manner as is hereinafter provided for the disposal of the said property. 

(3)  Where  any  person  who  has  a  claim  to  the  property  is  required  by  the  proclamation  under          

sub-section (1) to appear before the other officer authorised by the Commissioner of Police in that behalf 
and  establish  his  claim,  such  officer  shall  forward  the  record  of  the  proceedings  before  him  with  his 
findings thereon to the Commissioner of Police. 

68. Delivery of property to person entitled.—(1) The Commissioner of Police on being satisfied of 
the title of any claimant to the possession or administration of the property specified in the proclamation 
issued  under  sub-section  (1)  of  section  67  order  the  same  to  be  delivered  to  him,  after  deduction  or 
payment of the expenses incurred by the Delhi police in the seizure and detention thereof. 

(2)  The  Commissioner  of  Police  may,  at  his  discretion,  before  making  any  order  under                   

sub-section (1), take such security as he may think proper from the person to whom the said property is to 
be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole 
or any part of the same from the person to whom it may have been delivered pursuant to such order. 

69. In default of claim, property to be at disposal of Government.—(1) If no person establishes 
his  claim  to  such  property  within  the  period  specified  in  the  proclamation,  the  property,  or  such  part 
thereof as has not already been sold under sub-section (2) of section 67, may be sold by auction under the 
orders of the Commissioner of Police and the proceeds thereof shall be credited to the Government. 

(2) If any claim is made to any proceeds credited under sub-section (1) to the Government and if such 
claim is established, whether wholly or to any extent, to the satisfaction of the  prescribed authority, the 
Administrator shall pay to the claimant the amount determined in that behalf by the prescribed authority. 

(3) The form and manner in which claims may be made under sub-section (2) and the procedure for 

dealing with such claims and all other matters connected therewith shall be such as may be prescribed. 

CHAPTER VIII 
SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF  
CRIMINAL PROCEDURE, 1973 

70.  Power  of  Central  Government  to  authorise  Commissioner  of  Police  and  certain  other 
officers  to  exercise  powers  of  District  Magistrates  and  Executive  Magistrates  under  the  Code  of 
Criminal Procedure,  1973.—(1) The  Central  Government  may,  by  notification  in  the  Official  Gazette 
and subject to such conditions and limitations as may be specified therein, empower— 

(a) the Commissioner of Police to exercise and perform in relation to Delhi the powers and duties 
of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974), as may be specified in the notification; 

(b) any officer subordinate to the Commissioner of Police (not being an officer below the rank of 
an  Assistant  Commissioner  of  Police) to  exercise  and  perform  in  relation  to such  areas in  Delhi  as 
may be specified in the notification the powers and duties of an Executive Magistrate under such of 
the provisions of the said Code as may be specified in the notification. 

(2) Every officer subordinate to the Commissioner of Police shall, in the exercise and performance of 
any powers and duties which he is empowered to exercise or perform under sub-section (1), be subject to 
the  general  control  of  the  Commissioner  of  Police  in  the  same  manner  and  to  the  same  extent  as  an 
Executive Magistrate appointed under section 20 of the said Code would be subject to the general control 
of the District Magistrate appointed under that section. 

29 

 
 
 
(3) The Commissioner of Police or any officer subordinate to him shall not be subject in the exercise 
and  performance  of  any  powers  and  duties  which  he  is  empowered  to  exercise  and  perform  under        
sub-section (1),  to the  general  control  of  the  District  Magistrate  appointed  under  section  20  of the said 
Code. 

(4)  The  provisions  of  this  section  shall  have  effect  notwithstanding  anything  contained  in  the  said 

Code. 

71. Notifications under section 70 to be laid before Parliament.—Every notification made by the 
Central Government under section 70 shall be laid, as soon as it is made, before each House of Parliament 
while it is in session for a total period of thirty days which may be comprised in one session or in two or 
more successive sessions and if, before the expiry of the session immediately following the session or the 
successive sessions aforesaid, both Houses agree in making any modification in the notification or both 
Houses agree that the notification should not be made, the notification shall thereafter have effect only in 
such  modified  form  or  be of  no  effect,  as  the  case  may  be; so,  however, that  any  such  modification  or 
annulment shall be without prejudice to the validity of anything previously done under that notification. 

72. [References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of 
Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate.] Omitted  by  the 
Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980), s. 9 (w.e.f. 23-9-1980). 

CHAPTER IX 

SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 

73. Powers with regard to offences under Act 59 of 1960.—(1) When in respect of an animal an 
offence  punishable  under  sub-section  (1)  of  section  11  or  section  12  of  the  Prevention  of  Cruelty  to 
Animals  Act,  1960  has  been  committed,  or  when there  is  a  reasonable  ground  for  suspecting  that  such 
offence has been committed, a police officer may— 

(a) take the animal to the Metropolitan Magistrate, or 

(b) if the accused person so requires, take the animal to a veterinary officer specified by general 

or special order by the Administrator in this behalf: 

Provided that the police officer may, instead of taking the animal to a veterinary officer, take the 
animal  for  detention  in  a  dispensary,  or  in  any  suitable  place  approved  by  the  Administrator  by 
general or special order and the animal shall thereupon be detained there until its production before a 
Metropolitan Magistrate, or 

(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and 

detention therein, pending direction of a Magistrate under sub-section (2) of that section, or 

(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or 
a Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two or 
more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as 
may be found on the body of the animal: 

Provided that the police officer may take the animal for detention in a dispensary or any suitable place 
approved  by  the  Administrator  by  general  or  special  order  and  the  animal  shall  thereupon  be  detained 
there until its production before a Metropolitan Magistrate. 

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), the 
animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case 
within a period not exceeding three days from the date on which it was so detained. 

74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was 
taken.—When the animal is brought before a Metropolitan Magistrate under section 73, the Magistrate 
may direct the animal to be returned to the person from  whose possession it was taken on such person 
giving security to the satisfaction of the Metropolitan Magistrate binding himself to produce the animal 
when required or may direct that the animal shall be sent for treatment and care to an infirmary and be 
detained there as provided in section 35 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) 
or may make such order as he thinks fit regarding the disposal or custody or production of the animal. 

30 

 
75.  Veterinary  officer to examine the animal.—The  veterinary  officer  before whom  an  animal  is 
brought under section 73 shall with all convenient speed examine the same and draw up a report of such 
examination and a copy of the report of such examination shall be delivered free of charge to the accused 
person if he applies for it. 

76. Animal to be dealt with under Act 59 of 1960.—When under section 73, a police officer takes 
an  animal  for  detention  in  a  dispensary  or  infirmary  or  other  place  before  its  production  before  a 
Metropolitan  Magistrate  or  a  Metropolitan  Magistrate  directs  its  further  detention  in  an  infirmary,          
sub-sections  (3)  to  (7)  (both  inclusive)  of  section  35  of  the  Prevention  of  Cruelty  to  Animals                
Act,  1960  shall,  as  far  as  may  be,  apply  in  relation  to  the  detention  of  animal  (including  the  cost  of 
transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place. 

77.  Power  of  police  officer  to  unsaddle  animal  or  to  unload  it.—When  a  police  officer  in  good 
faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be 
so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose 
of  ascertaining  whether  any  sore  exists  and,  if  any  person  refuses  to  do  so,  such  police  officer  may 
himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded. 

78. Arrest without warrant in case of certain offences under Act 59 of 1960.—Any police officer 
may  arrest,  without  a  warrant  from  a  Magistrate,  any  person  committing  in  his  presence  any  offence 
punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention of 
Cruelly to Animals Act, 1960. 

79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960.—The provisions 
of  this  Chapter  shall  be  in  addition  to,  and  not  in  derogation  of,  the  provisions  of  the  Prevention  of 
Cruelty to Animals Act, 1960. 

CHAPTER X 

OFFENCES AND PUNISHMENTS 

80. Disregarding the rules of the road.—No person shall— 

(a)  when  driving  a  vehicle  along  a  street  (except  in  cases  of  actual  necessity  or  of  some  other 
sufficient reason for deviation) fail to keep on the left side of such street and when passing any other 
vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or 

(b) leave in any street or public place insufficiently tended or secured any animal or vehicle. 

81.  Causing  obstruction  or  mischief  by  animal.—No  person  shall  cause  obstruction,  damage, 

injury, danger, alarm or mischief in any street or public place— 

(i) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any 

animal or vehicle; or 

(ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a 

street or public place contrary to any regulation made in that behalf. 

82. Exposing animal for hire, sale, etc.—No person shall in any street or public place expose for 
hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other 
animal except at such times and places as the competent authority permits, or shall train or break in any 
horse  or  other  animal  or  make  any  vehicle  or  any  part  of  a  vehicle  or  (except  when  as  a  result  of  any 
accident repairing on the spot is unavoidable) repair any vehicle or part of a vehicle, or carry on therein 
any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents 
in the vicinity or to the public. 

83.  Causing  any  obstruction  in  a  street.—No  person  shall  cause  obstruction  in  any  street  or      

public place— 

(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down 
passengers, to remain or stand in the street or the public place longer than may be necessary for such 
purpose; or 

31 

 
(b) by leaving any vehicle standing or fastening any cattle in the street or the public place; or 

(c) by using any part of a street or public place as a halting place for vehicles or cattle; or 

(d)  by  leaving  any  box,  bale,  package  or  other  things  whatsoever  in  or  upon  a  street  for  an 

unreasonable length of time or contrary to any regulation; or 

(e)  by  exposing  anything  for  sale  or  setting  out  anything  for  sale  in  or  upon  any  stall,  booth, 

board, cask, basket or in any other way whatsoever. 

84. Obstructing a footway.—No person shall drive, ride, load, propel or leave on any footway any 
animal or vehicle other than a perambulator or fasten any animal in such a way that the animal can stand 
across or upon such footway. 

85. Causing obstruction and annoyance by performances, etc.—No person shall, in contravention 

of any regulation made by the Commissioner of Police,— 

(a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or 

(b) carry or place bulky advertisements, pictures, figures or emblems in any street or public place, 

whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned. 

86. Doing offensive acts in or near a street or public place.—No person shall slaughter any animal, 
clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public 
place, except at a place set apart for the purpose, so as to cause annoyance to the neighbouring residents 
or to passers-by. 

87. Letting loose horse, etc., and suffering ferocious dogs to be at large.—No person shall in any 

street or public place— 

(a)  negligently  let  loose  any  horse  or  other  animal,  so  as  to  cause  danger,  injury,  alarm  or 

annoyance; or 

(b) suffer a ferocious dog to be at large without a muzzle; or 

(c) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other 

animal. 

88. Bathing or washing in places not set apart for those purposes.—No person shall bathe or wash 
in,  or  by  the  side  of,  a  public  well,  tank  or  reservoir  not  set  apart  for  such  purpose  by  order  of  the 
competent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or 
other  source  or  means  of  water  supply  in  which  such  bathing  or  washing  is  forbidden  by  order  of  the 
competent authority. 

89. Defiling water in public wells, etc.—No person shall defile or cause to be defiled the water in 
any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or 
means of water supply, so as to render the same less fit for any purpose for which it is set apart by the 
order of the competent authority. 

90. Obstructing  bathers.—No  person  shall  obstruct  or  incommode  a  person  bathing  at  a place set 
apart for the purpose by the order of the competent authority under section 88 by wilful intrusion or by 
using such place for any purpose for which it is not so set apart. 

91. Behaving indecently in  public.—No person shall wilfully and indecently expose his person in 
any street or public place or place of public resort or within sight of, and in such manner as to be seen 
from, any street or public place or place of public resort, whether from within any house or building or 
not, or use indecent language or behave indecently or riotously or in a disorderly  manner in a street or 
public place or place of public resort or in any office, police station or station house. 

92. Obstructing or annoying passengers in the street.—No person shall wilfully push, press, hustle 
or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton 
personal  annoyance,  screaming,  shouting,  wilfully  frightening  horses  or  cattle  or  otherwise,  disturb  the 
public peace or order. 

32 

 
93. Misbehaviour with intent to provoke a breach of the peace.—No person shall use in any street 
or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach 
of the peace or whereby a breach of the peace may be occasioned. 

94. Prohibition against flying kites, etc.—No person shall fly a kite or any other thing so as to cause 

danger, injury or alarm to persons, animals or property. 

95.  Committing  nuisance  in  or  near street,  etc.—No  person shall  in  or  near  to any  street, public 

place or place of public resort— 

(a) commit a nuisance by easing himself; or 

(b) having the care or custody of any child under seven years of age, suffer such child to commit 

a nuisance as aforesaid; or 

(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by. 

96.  Disregard  of  notice  in  public  building.—No  person  shall,  in  any  court,  police  station,  police 
office  or  building  occupied  by  Government  or  building  occupied  by  any  local  body,  smoke,  or  spit  in 
contravention  of  a  notice,  by  the  competent  authority  in  charge  of  such  place,  displayed  in  such  court, 
police station, police office or building. 

97.  Penalties  for  offences  under  sections  80  to  96.—Any  person  who  contravenes  any  of  the 
provisions  of  sections  80 to  96  (both  inclusive)  shall,  on  conviction,  be  punished  with  fine  which  may 
extend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term not 
exceeding eight days. 

98. Penalty for failure to keep in confinement cattle, etc.—(1) Whoever allows any cattle which 
are his property or in his charge to stray in any street or to trespass upon any public or private property 
shall on conviction be punished— 

(a) for the first offence, with imprisonment for a term which may extend to one month, or with 

fine which may extend to three hundred rupees, or with both; and 

(b) for the second or subsequent offence, with imprisonment for a term which may extend to six 

months, or with fine which may extend to five hundred rupees, or with both. 

(2) The Metropolitan Magistrate trying an offence under sub-section (1) may order— 

(a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees as 
such Magistrate considers reasonable to any person for any damage proved to have been caused to his 
property or the produce of his land by the cattle under the control of the accused trespassing on his 
land; and 

(b)  that  the  cattle  in  respect  of  which  the  offence  has  been  committed  shall  be  forfeited  to  the 

Government. 

(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed 

under this section. 

(4) It shall be the duty of every police officer and it shall be lawful for any other person to seize and 
take  to  any  cattle  pound  for  confinement  therein  any  cattle  found  straying  in  any  street  or  trespassing 
upon any private or public property. 

(5)  Any  fine  imposed  under  this  section  may,  without  prejudice  to  any  other  means  of  recovery 
provided  by  law,  be  recovered  by  sale  of  all  or  any  of  the  cattle  in  respect  of  which  the  offence  was 
committed,  whether  they  are  the  property  of  the  person  convicted  of  the  offence  or  were  only  in  his 
charge when the offence was committed. 

(6)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  the 

offence punishable under this section shall be cognizable. 

33 

 
 
 
99.  Punishment  for  cruelty  to  animals.—Whoever  in  any  place  cruelly  beats,  goads,  overworks,   

ill-treats  or  tortures  or  causes,  or  procures  to  be  cruelly  beaten,  goaded,  overworked,  ill-treated  or 
tortured,  any  animal  shall,  on  conviction,  be  punished  with  imprisonment  which  may  extend  to  one 
month, or with fine which may extend to one hundred rupees, or with both. 

100.  Wilful  trespass.—Whoever  without  satisfactory  excuse  wilfully  enters  or  remains  in  or  upon 
any  dwelling-house  or  premises  or  land  or  ground  attached  thereto,  or  on  any  ground,  building, 
monument or structure belonging to Government or used for public purposes, or on any vehicle, shall, on 
conviction,  whether  he  causes  any  actual  damage  or  not,  be  punished  with  imprisonment  which  may 
extend to seven days or with fine which may extend to one hundred rupees, or with both. 

101. False alarm of fire or damage to fire alarm.—Whoever knowingly gives or causes to be given 
a false alarm of fire to the fire brigade of the Government or the Corporation or a municipality or to any 
officer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, or 
with intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street fire alarm, 
shall, on conviction, be punished with imprisonment for a term which may extend to three months or with 
fine which may extend to one hundred rupees, or with both. 

102.  Being  found  under  suspicious  circumstances  between  sunset  and  sunrise.—Whoever  is 

found between sunset and sunrise— 

(a) armed with any dangerous instrument with intent to commit an offence; or 

(b) having his face covered, or otherwise disguised with intent to commit an offence; or 

(c) in any dwelling-house or other building, or on any vehicle, without being able satisfactorily to 

account for his presence there; or 

(d) lying or loitering in any street, yard or other place, being a reputed thief and without being 

able to give a satisfactory account of himself; or 

(e) having in his possession without lawful excuse (the burden of proving which excuse shall be 

on such person) any implement of house breaking, 

shall, on conviction, be punished with imprisonment for a term which may extend to three months. 

103. Possession of property of which no satisfactory account can be given.—Whoever has in his 
possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe 
is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or act 
to  the  satisfaction  of  the  Metropolitan  Magistrate,  on  conviction,  be  punished  with  imprisonment  for  a 
term which may extend to three months or with fine which may extend to one hundred rupees, or with 
both. 

104.  Omission  by  pawn-brokers,  etc.,  to  report  to  police  possession  or  tender  of  property 
suspected  to  be  stolen.—Whoever  being  a  pawn-broker,  dealer  in  second  hand  property,  or  worker  in 
metals, or reasonably believed by the Commissioner of Police to be such a person, and having received 
from  a  police  officer  written  or  printed  information  in  relation  to  any  property  suspected  to  have  been 
transferred  by  any  offence  mentioned  in  section  410  of  the  Indian  Penal  Code  (45  of  1860)  or  by  any 
offence punishable under section 417, section 418, section 419 or section 420 of the said Code, is found 
in possession, or, after the receipt of such information, comes into possession or has an offer, either by 
way of sale, pawn, exchange, or for custody, alteration or otherwise, howsoever, made to him, of property 
answering the description contained in such information, shall, unless— 

(i) he forthwith gives information to the Commissioner of Police, or at a police station of such 
possession or offers and takes all reasonable means to ascertain and to give information as aforesaid 
of the name and address of the person from whom the possession or offer was received, or 

(ii)  the  property,  being  an  article  of  common  wearing  apparel  or  otherwise,  is  incapable  of 
identification from the written or printed information given and has been in no way concealed after 
the receipt of such information, 

34 

 
on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of 
property so in his possession or offered to him. 

105.  Melting,  etc.,  of  property  referred  to  in  section  104.—Whoever  having  received  such 
information as is referred to in section 104 alters, melts, defaces or puts away or causes or suffers to be 
altered, melted, defaced or put away, without the previous permission of the police, any such property as 
is  referred  to  in  that  section  shall,  on  proof  that  the  same  was  stolen  property  within  the  meaning  of 
section 410 of the Indian Penal Code (45 of 1860) or property in respect of which any offence punishable 
under  section  417,  section  418,  section  419  or  section  420  of  the  said  Code  has  been  committed,  be 
punished with imprisonment for a term which may extend to three years or with fine, or with both. 

106. Taking pledge from child.—Whoever takes from any child, not appearing to be above the age 
of  fourteen  years,  any  article  whatsoever  as  a  pawn,  pledge  or  security  for  any  sum  of  money  lent, 
advanced or delivered to such child or without the knowledge and consent of the owner of the article buys 
from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to 
one hundred rupees. 

107.  Suffering  disorderly  conduct  at  places  of  public  amusement,  etc.—Whoever,  being  the 
keeper  of  any  place  of  public  amusement  or  public  entertainment,  knowingly  permits  or  suffers 
drunkenness  or  other  disorderly  behaviour  or  any  gambling  whatsoever,  in  such  place,  shall,  on 
conviction, be punished with fine which may extend to one hundred rupees. 

108. Cheating at games and gambling in street.—(1) Whoever by any fraud or unlawful device or 
malpractice in playing at or with cards, dice or other game or in taking part in the stakes or wagers, or in 
betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or 
exercise, wins from any other person, for himself or any other or others, any sum of money or valuable 
thing, shall be deemed to have committed the offence of cheating within the meaning of section 415 of 
the Indian Penal Code (45 of 1860), and be liable to punishment accordingly. 

(2) Whoever assembles with others, or joins any assembly, in a street assembled for the purpose of 
gambling  or  wagering  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to  fifty  rupees  or 
may be released after a due admonition. 

109.  Penalty  for  disobedience  to  order  under  section  27.—Whoever  contravenes,  disobeys, 
opposes, or fails to conform to an order under section 27 requiring him to vacate any premises, shall, on 
conviction  be  punished  with  imprisonment  which  may  extend  to  three  months  or  with  fine  which  may 
extend to five hundred rupees or with both. 

110.  Penalty  for  contravening  regulations,  etc.,  under  section  28.—Save  as  provided  in        

section 112, whoever contravenes, or abets the contravention of, any regulation made under section 28 or 
any of the conditions of a licence issued under such regulation shall, on conviction, be punished— 

(a) if the regulation was made under clause (b) of sub-section (1) of section 28 providing for the 
prohibition  of the  sale,  or exposure  for  sale,  of  any  goods  on  any  street  or  portion  thereof  so  as  to 
cause obstruction to traffic or inconvenience to the public— 

(i)  for  the  first  offence,  with  imprisonment  for  a  term  which  may  extend  to  one  month,  or 

with fine which may extend to two hundred rupees, or with both, and 

(ii)  for  any  subsequent  offence,  with  imprisonment  for  a  term  which  may  extend  to  six 

months and with fine which may extend to five hundred rupees; 

(b) if the regulation was made under clause (d), (h), (i), or (j), sub-clause (i) or (ii) of clause (s) or 
clause (v) of sub-section (1) of section 28, with imprisonment for a term which may extend to eight 
days, or with fine which may extend to fifty rupees, or with both; 

(c) if the regulation was made under clause (o) or (p) of sub-section (1) of section 28, with fine 

which may extend to two hundred rupees; and 

(d)  if  the  regulation  was  made  under  any  clause  of  sub-section  (1)  of  section  28  and  for  the 
contravention of which no penalty is provided under clause (a), (b) or (c) of this section, with fine 
which may extend to fifty rupees. 

35 

 
111. Liability of licensee of place of public amusement or entertainment for  acts of servants.—
The  holder  of  a  licence  granted  under  this  Act  in  respect  of  a  place  of  public  amusement  or  public 
entertainment  shall  be  responsible,  as  well  as  the  actual  offender  for  any  offence  under  section  110 
committed by his servant or other agent acting with his express or implied permission on his behalf as if 
he  himself  had  committed the same,  unless  he  establishes that  all  due  and reasonable  precautions  were 
taken by him to prevent the commission of such offence. 

112. Penalty for not obtaining licence in respect of place of public entertainment or certificate of 
registration  in  respect  of  eating  house  or  for  not  renewing  such  licence  or  certificate  within 
prescribed period.—(1) Whoever fails to obtain a licence under this Act in respect of a place of public 
entertainment  or  a  certificate  of  registration  thereunder  in  respect  of  any  eating  house,  or  to  renew  the 
licence  or  the  certificate,  as  the  case  may  be,  within  the  prescribed  period  shall,  on  conviction,  be 
punished with fine which may extend to fifty rupees. 

(2)  Any  court  trying  any  such  offence  shall  in  addition  direct  that  the  person  keeping  the  place  of 
public entertainment, or the eating house, in respect of which the offence has been committed shall close 
such place,  or  eating  house  until  he  obtains  a licence  or fresh  licence,  or  a certificate  of  registration  or 
fresh  certificate  of  registration,  as  the  case  may  be,  in  respect  thereof  and  thereupon  such  person  shall 
forthwith comply with such direction. 

(3) If the person fails to comply  with any such direction, he shall, on conviction, be punished with 
imprisonment for a term which may extend to one month or with fine which may extend to two hundred 
rupees or with both. 

(4)  Without  prejudice  to  any  action  taken  under  sub-section  (3),  on  the  failure  of  such  person  to 
comply with the direction of the court, any police officer authorised by the Commissioner of Police, by an 
order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, 
in the opinion of such officer, be reasonably necessary for securing compliance with the court’s direction. 

113.  Penalties  for  contravention  of  orders,  etc.,  under  sections  29,  30,  31,  32,  33  and              

34.—(1)  Whoever  contravenes,  disobeys,  opposes  or  fails  to  conform  to  any  order  given  by  a  police 
officer  under  section  29  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to  two  hundred 
rupees. 

(2) Whoever contravenes a notification or an order made under section 30, section 32, section 33 or 

section 34 or abets the contravention thereof shall, on conviction, be punished— 

(a)  if  the  said  notification  or  order  was  made  under  sub-section  (1)  of  section  30  or  under    

section 33 or section 34, with imprisonment for a term which shall not be less than four months but 
which may extend to one year, and shall also be liable to fine: 

Provided that the court may, for adequate and sufficient reasons to be mentioned in the judgment, 

impose a sentence of imprisonment for a term of less than four months; 

(b) if the said order was made under sub-section (2) of section 30, with imprisonment for a term 

which may extend to one month, or with fine which may extend to one hundred rupees, or with both; 

(c)  if  the  said  notification  was  made  under  sub-section  (3)  of  section  30,  with  fine  which  may 

extend to one hundred rupees; or 

(d) if the said order was made under section 32, with imprisonment for a term which may extend 

to three months, or with fine which may extend to five hundred rupees, or with both. 

(3) Whoever opposes or fails to conform to any direction given by a police officer under section 31, 

shall, on conviction, be punished with fine which may extend to two hundred rupees. 

114.  Penalty  for  contravention  of  regulations,  etc.,  made  under  sections  35,  36  and                

37.—Whoever  contravenes,  or  abets  the  contravention  of,  any  regulation,  notice  or  order  made  under       
section  35,  section  36  or  section  37  shall,  on  conviction,  be  punished  with  imprisonment  which  may 
extend to three months, or with fine which may extend to two hundred rupees, or with both. 

36 

 
 
 
115. Penalty for  contravention  of  directions  under  sections 46, 47  or  48.—Whoever  opposes  or 
fails to conform to any direction issued under section 46, section 47 or section 48 or abets the opposition 
to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment 
which shall not be less than four months but which may extend to one year and shall also be liable to fine: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 

impose a sentence of imprisonment for a term of less than four months. 

116.  Penalty for  entering without  permission  area  from which  a  person is directed to  remove 
himself  or  overstaying  when  permitted  to  return  temporarily.—Without  prejudice  to  the  power  to 
arrest and remove a person in the circumstances, and in the manner provided in section 53, any person 
who— 

(a) in contravention of a direction issued to him under section 46, section 47 or section 48 enters 
or returns without permission to Delhi, or any part thereof, as the case may be, from which he was 
directed to remove himself; or 

(b) enters or returns to Delhi or any part thereof with permission granted under sub-section (1) of 
section  54,  but  fails,  contrary  to  the  provisions  thereof,  to  remove  himself  outside  such  area  at  the 
expiry  of  the  temporary  period  for  which  he  was  permitted  to  enter  or  return  or  on  the  earlier 
revocation of such permission, or having removed himself at the expiry of such temporary period or 
on revocation of the permission, enters or returns thereafter, without fresh permission, 

shall, on conviction, be punished with imprisonment for a term which shall not be less than six months 
but which may extend to two years and shall also be liable to fine: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 

impose a sentence of imprisonment for a term of less than six months. 

117. Penalty for contravention of orders under section 57.—Whoever contravenes any order made 
under  section  57  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to 
three years, or with fine, or with both. 

118.  Penalty  for  opposing  or  not  complying  with  direction  given  under  clause  (b)  of                

sub-section  (1)  of  section  59.—Whoever  opposes  or  fails  forthwith  to  comply  with  any  reasonable 
requisition  made  by  a  police  officer  under  clause  (b)  of  sub-section  (1)  of  section  59,  or  abets  the 
opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for 
a term which shall not be less than four months but which may extend to one year and shall also be liable 
to fine: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 

impose a sentence of imprisonment for a term of less than four months. 

119. Penalty for contravening directions under section 65.—Whoever opposes or fails to conform 
to any direction given by any police officer under section 65 or abets the opposition or failure to conform 
to such direction shall, on conviction, be punished with fine which may extend to fifty rupees. 

120.  Dangerous  performances.—(1)  No  person  shall  without  the  previous  permission  of  the 
Commissioner of Police and except in accordance with any conditions subject to which such permission 
is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in 
which or during which he buries himself under ground or seals himself in any room or receptacle or other 
thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in 
death by suffocation. 

(2) If any person contravenes or attempts to contravene the provisions of sub-section (1), he shall, on 
conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with 
both. 

(3)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  the 

offence punishable under this section shall be cognizable. 

37 

 
 
 
121.  Neglect  or  refusal  to  serve  as  special  police  officer.—(1)  Any  person,  who  having  been 
appointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to 
serve as such or to obey any lawful order or direction that may be given to him for the performance of his 
duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty 
rupees. 

(2) Such punishment shall automatically cancel the certificate of appointment of such a special police 

officer. 

122.  Penalty  for  making  false  statement,  etc.,  and  for  misconduct  of  police  officers.—(a)  Any 
person who makes a false statement or uses a false document for the purpose of obtaining employment or 
release from employment as a police officer, or 

(b) any police officer who— 

(i) is guilty of cowardice, or 

(ii) being a police officer of subordinate rank, resigns his office or withdraws himself from duties 

thereof in contravention of section 25, or 

(iii) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or 

any order which he is bound to observe or obey, or 

(iv) is guilty of any violation of duty for which no punishment is expressly provided by any other 

law in force, 

shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to  three  months,  or 
with fine which may extend to one hundred rupees, or with both. 

Explanation.—A  police  Officer  who  being  absent  on  leave  fails  without  reasonable  cause  to  report 
himself for duty on the expiration of such leave shall, for the purpose of sub-clause (ii) of clause (b), be 
deemed to withdraw himself from the duties of his office within the meaning of section 25. 

123.  Penalty  for  failure  to  deliver  up  certificate  of  appointment  or  other  article.—Any  police 
officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any 
other article, in accordance with the provisions of sub-section (1) of section 26 shall, on conviction, be 
punished with imprisonment for a term which may extend to one month, or with fine which may extend to 
two hundred rupees, or with both. 

124. Vexatious entry, search, arrest, etc., by police officer.—Any police officer who— 

(a)  without  lawful  authority  or  reasonable  cause  enters  or  searches,  or  causes  to  be  entered  or 

searched, any building, vessel, tent or place; or 

(b) vexatiously and unnecessarily seizes the property of any person; or 

(c) vexatiously and unnecessarily detains, searches or arrests any person; or 

(d) offers any unnecessary personal violence to any person in his custody; or 

(e) holds out any threat or promise not warranted by law, 

shall, for every such offence, on conviction, be punished with imprisonment for a term which may extend 
to six months, or with fine which may extend to five hundred rupees, or with both. 

125.  Penalty  for  vexatious  delay  in  forwarding  a  person  arrested.—Any  police  officer  who 
vexatiously and unnecessarily delays the forwarding of any person arrested to a Magistrate or to any other 
authority  to  whom  he  is  legally  bound  to  forward  such  person,  shall,  on  conviction,  be  punished  with 
imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 
rupees, or with both. 

126. Penalty for unauthorised use of police uniforms.—If any persons not being a member of the 
Delhi police wears, without the permission of an officer authorised by the Administrator in this behalf by 
general or special order, the uniform of the Delhi police or any dress having the appearance or bearing 

38 

 
any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which may 
extend to two hundred rupees. 

127.  Power  to  make  regulations  regarding  carrying  weapons  without  authority.—(1)  The 
Commissioner of Police may, by notification in the Official Gazette, make regulations to provide that no 
person, other than a member of the armed forces of the Union acting as such or a police officer, shall go 
armed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive 
substance in any street or public place unless so authorised by such authority as may be specified in such 
regulations. 

(2)  Any  regulation  made  under  sub-section  (1)  may  provide  that  any  person  who  goes  armed  in 
contravention of such regulation shall be liable to be disarmed by any police officer and the weapon or 
substance so seized shall be forfeited to the Government, unless redeemed within two months by payment 
of such fine, not exceeding five hundred rupees, as the Commissioner of Police imposes. 

128.  Prosecution  for  certain  offences  against  this  Act  to  be  in  the  discretion  of  Delhi        

police.—It shall not, except in obedience to a rule, regulation or order made by the Administrator or by 
the  Commissioner  of  Police,  be  incumbent  on  the  Delhi  police  to  prosecute  for  an  offence  punishable 
under  section  97,  section  104,  sub-section  (1)  of  section  113,  section  114,  section  119  or  section  121 
when such offence has not occasioned serious mischief and has been promptly desisted from on a warning 
being given. 

129. Summary disposal of certain cases.—(1) A court taking cognizance of an offence punishable 
under section 97, or under clause (a), (b) or (c) of section 110 may state upon the summons to be served 
on the accused person that he may, by a specified date, prior to the hearing of the charge plead guilty to 
the charge by registered letter and remit to the court such sum not exceeding one hundred rupees in the 
case  of  an  offence  punishable  under  section  97  and  in  any  other  case  rupees  fifty,  as  the  court  may 
specify. 

(2)  Where  an  accused  person  pleads  guilty  and  remits  the  sum  specified  in  the  summons,  under     

sub-section (1), no further proceedings in respect of the offence shall be taken against him. 

130.  Prosecution  for  offences  under  other  enactments  not  affected.—Subject  to  the  provisions 
contained in section 300 of the Code of Criminal Procedure, 1973 (2 of 1974), nothing in this Act shall be 
construed to  prevent  any  person  from  being  prosecuted  and  punished  under  any  other law for  anything 
made  punishable  by  this  Act  or from  being  prosecuted  and  punished  under  this Act  for  anything  made 
punishable under any other law. 

131.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed, was in charge of, and was responsible 
to, the company for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his  knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to,  any  neglect  on  the  part  of  any 
director,  manager, secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means  a  body  corporate,  and  includes  a  firm  or  other  association  of       

individuals; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

39 

 
 
 
CHAPTER XI 

MISCELLANEOUS 

132.  Disposal  of  fees,  rewards,  etc.—All  fees  paid  for  licences  or  permissions  granted  under  this 
Act,  and  all  sums  paid  for  the  service  of  processes  by  police  officers  and  all  rewards,  forfeitures  and 
penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as 
any such fees or sums belong under the provisions of any enactment for the time being in force to any 
local authority be credited to the Government: 

Provided that with the sanction of the Administrator or under any rule made by the Administrator in 
that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be 
paid to a police officer or be divided amongst two or more police officers. 

133. Method of proving orders and notifications.—Any order or notification published or issued 
by the Administrator or by the Commissioner of Police or any other police officer under any provision of 
this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the 
Official  Gazette,  or  of  a  copy  thereof  signed  by  the  Administrator  or  Commissioner  of  Police  or  other 
police officer, as the case may be, and by him certified to be a true copy of an original published or issued 
according to the provisions of this Act applicable thereto. 

134.  Rules,  regulations  or  orders  not  invalidated  by  defect  of  form  or  irregularity  in 
procedure.—No rule, regulation, order, direction, adjudication, inquiry or notification made or published 
and  no  act  done  under  any  provision  of  this  Act  or  any  rule  or  regulation  made  under  this  Act,  or  in 
substantial conformity with the same, shall be deemed illegal, void, invalid or insufficient by reason of 
any defect of form or any irregularity of procedure. 

135. Presumption in prosecutions for contravention of order made under section 46, 47 or 48.—
Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence 
for the contravention of an order made under section 46, section 47 or section 48 on the production of an 
authentic copy of the order, it shall, until the contrary is proved by the accused, be presumed— 

(a) that the order was made by the authority competent under this Act to make it; 

(b) that the authority making the order was satisfied that the grounds on, or the purpose for, which 

it was made existed, and that it was necessary to make the same; and 

(c) that the order was otherwise valid and in conformity with the provisions of this Act. 

136.  Officers  holding  charges  of,  or  succeeding  to,  vacancies  competent  to  exercise  powers.—
Whenever  in  consequence  of  the  office  of  the  Commissioner  of  Police,  Additional  Commissioner  of 
Police or any police officer becoming vacant, any officer holds charge of the post of such Commissioner 
of  Police,  Additional  Commissioner  of  Police  or  other  police  officer  or  succeeds,  either  temporarily  or 
permanently, to that post, such officer shall be competent to exercise all the powers and perform all the 
duties respectively conferred and imposed by or under this Act on the Commissioner of Police or on such 
Additional Commissioner of Police or other police officer, as the case may be. 

137.  Forfeiture  of  bond  entered  into  by  person  under  sub-section  (1)  of  section  54.—If  any 
person  permitted  to  enter  or  return  to  the  area  from  which  he  was  directed  to  remove  himself  under      
sub-section (1) of section 54, fails to observe any condition imposed under that sub-section or by the bond 
executed  by  him  thereunder,  his  bond  shall  be  forfeited  and  any  person  bound  thereby  shall  pay  the 
penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid. 

138. No police officer to be liable to penalty or damage for act done in good faith in pursuance 
of duty.—No police officer shall be liable to any penalty or to payment of any damages on account of an 
act done in good faith in pursuance of or purported to be done in pursuance of any duty imposed or any 
authority conferred on him by any provision of this Act or any other law for the time being in force or any 
rule, regulation, order or direction made or given thereunder. 

40 

 
 
 
139. No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, 
order  or  direction  issued  with  apparent  authority.—No  public  servant  or  person  duly  appointed  or 
authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to— 

(a)  any  order  or  direction  issued  with  apparent  authority  by  the  Administrator  or  by  a  person 

empowered in that behalf under this Act; or 

(b) any rule or regulation made under this Act. 

Explanation.—In  this  section,  the  expression  “public  servant”  has  the  meaning  assigned  to  it  in 

section 21 of the Indian Penal Code (45 of 1860). 

140. Bar to suits and prosecutions.—(1) In any case of alleged offence by a police officer or other 
person, or of a wrong alleged to have been done by such police officer or other person, by any act done 
under colour of duty or authority or in excess of any such duty or authority, or wherein it shall appear to 
the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or 
suit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three months 
after the date of the act complained of: 

Provided that any such prosecution against a police officer or other person may be entertained by the 
court, if instituted with the previous sanction of the Administrator, within one year from the date of the 
offence. 

(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue 
shall give to the alleged wrongdoer not less than one month’s notice of the intended suit with sufficient 
description of the wrong complained of, and if no such notice has been given before the institution of the 
suit, it shall be dismissed. 

(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date 
of such service and shall state what tender or amends, if any, has been made by the defendant and a copy 
of  the  said  notice  shall  be  annexed  to  the  plaint  endorsed  or  accompanied  with  a  declaration  by  the 
plaintiff of the time and manner of service thereof. 

141.  Licences  and  written  permissions  to  specify  conditions,  etc.,  and  to  be  signed.—(1)  Any 
licence or written permission granted under the provisions of this Act shall specify the period and locality 
for which, and the conditions and restrictions subject to which, the same is granted, and shall be given 
under the signature of the competent authority. 

(2)  Any  licence  or  written  permission  granted  under  this  Act  may  at  any  time  be  suspended  or 
revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the 
person  to  whom  it  has  been  granted,  or  if  such  person  is  convicted  of  any  offence  with  respect  to  any 
matter to which such licence or permission relates. 

(3)  When  any  such  licence  or  written  permission  is  suspended  or  revoked,  or  when  the  period  for 
which  the  same  was  granted  has  expired,  the  persons  to  whom  the  same  was  granted  shall,  for  all 
purposes  of  this  Act,  be  deemed  to  be  without  a  licence  or  written  permission,  until  the  order  for 
suspending or revoking the same is cancelled, or until the same is renewed, as the case may be. 

(4) Every person to whom any such licence or written permission has been granted shall, while the 

same remains in force, at all reasonable times, produce the same, if so required by a police officer. 

Explanation.—For the purposes of this section any such infringement or evasion by, or conviction of, 
a servant or other agent acting on behalf of the person to whom the licence or written permission has been 
granted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person to 
whom such licence or written permission has been granted. 

142. Public notices how to be given.—Any notification which may be publicly promulgated, public 
notice required to be given, order required to be notified publicly or proclamation required to be issued 
under any of the provisions of this Act shall be in writing, under the signature of a competent authority 
and  shall  be  published  in  the  locality  to  be  affected  thereby,  by  affixing  copies  thereof  in  conspicuous 
public places, or by proclaiming the same with beat of drums or by advertising, the same in such local 

41 

 
newspapers in Hindi, Urdu and English, as the competent authority may deem fit, or by any two or more 
of these means and by any other means it may think suitable. 

143.  Consent,  etc.,  of  a  competent  authority  may  be  proved  by writing  under  its  signature.—
Whenever  under this  Act, the  doing  or the  omitting  to  do  anything  or the  validity  of  anything  depends 
upon  the  consent,  approval,  declaration,  opinion  or  satisfaction  of  the  competent  authority,  a  written 
document  signed  by  the  competent  authority,  purporting  to  convey  or  set  forth  such  consent,  approval, 
declaration, opinion or satisfaction shall be sufficient evidence thereof. 

144.  Signature  on  notices,  etc.,  may  be  stamped.—Every  licence,  written  permission,  notice  or 
other document, not being a summons or warrant or search warrant, required by this Act or by any rule or 
regulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to be 
properly signed if it bears a facsimile of his signature stamped thereon. 

145. Persons interested may seek to annul, reverse or alter any rule or order.—(1) In the case of 
any rule or order made by the Administrator under an authority conferred by this Act and requiring the 
public or a particular class of persons to perform some duty or act, or to conduct or order  themselves or 
those under their control in a manner therein described, it shall be competent for any person interested to 
apply  to  the  Administrator  by  a  memorial  to  annul,  reverse,  or  alter  the  rule  or  order  aforesaid  on  the 
ground of its being unlawful, oppressive or unreasonable. 

(2) After such an application as aforesaid and rejection thereof wholly or in part or after the lapse of 
four months without an answer to such application or a decision thereon published by the Administrator, 
it  shall  be  competent  for  the  person  interested  and  deeming  the  rule  or  order  to  be  contrary  to  law  to 
institute  a  suit  in  the  principal  civil  court  of  original  jurisdiction  against  the  Administrator  for  a 
declaration that the rule or order is unlawful either wholly or in part. 

(3)  Where  in  any  suit instituted  under  sub-section  (2)  or  on  appeal therefrom,  the  court  adjudges a 
rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to 
law. 

146. Powers of Commissioner of Police under other Acts.—(1) The Commissioner of Police shall 
exercise  all  powers  and  discharge  all  functions  which  may  be  exercised  or  discharged  by  a  District 
Magistrate under the Acts mentioned in Schedule I including the rules made thereunder. 

(2)  The  Commissioner  of  Police  may  authorise  any  Additional  Commissioner  of  Police,  Deputy 
Commissioner of Police or Additional Deputy Commissioner of Police to exercise any of the powers or 
discharge any of the functions of the Commissioner of Police mentioned in sub-section (1) in accordance 
with the general or special orders of the Administrator. 

(3) The powers and functions of a District Magistrate under the Sarais Act, 1867 (22 of 1867), shall 
be  exercised  and  discharged  by  the  Administrator  or  such  officer  as  the  Administrator  may,  by 
notification in the Official Gazette, authorise in this behalf. 

147. Power to make rules.—(1) The Administrator may make rules for carrying out the purposes of 

this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) recruitment to, and the pay, allowance and all other conditions of service of the members of, 

the Delhi police under clause (b) of section 5; 

(b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police, 

of the names of special police officers appointed under that section; 

(c)  awarding  of  any  of  the  punishments  referred  to  in  sub-section  (1)  or  sub-section  (2)  of    

section 21 to any police officer of subordinate rank; 

(d) procedure for awarding punishments under section 22; 

(e) form of Discharge Certificate under sub-section (8) of section 25; 

42 

 
(f) determination of the cost of employing additional police under sub-section (2) of section 38; 

(g) manner of taking measurements and photographs under section 55 of a person against whom 

an order has been made under section 46, section 47 or section 48; 

(h) manner of constituting Defence Societies under sub-section (1) of section 58; 

(i) form of receipt to be given in respect of any article detained under section 62; 

(j)  the  authority  to  whose  satisfaction  claims  are  to  be  established  under  sub-section  (2)  of  
section  69  and  the  form  and  manner  in  which  claims  may  be  made  under  that  sub-section,  the 
procedure  for  dealing  with  such  claims  and  all  other  matters  connected  therewith  under                  
sub-section (3) of that section; 

(k) payment to any police officer or division among two or more police officers the whole or any 

portion of any reward, forfeiture or penalty, under the proviso to section 132; 

(l) any other matter which has to be, or may be, prescribed, or provided for by rules, under this 

Act. 

148.  Notification  of  rules  and  regulations  in  the  Official  Gazette  and  laying  of  rules  and 
regulations.—(1)  Every  rule  and  regulation  made  under  this  Act  shall  be  made  by  notification  in  the 
Official Gazette. 

(2) Every rule and regulation made under this Act  shall be laid, as soon as may be after it is made, 
before  each  House  of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation 
should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of 
no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule or regulation. 

(3) Every rule and regulation made under this Act shall also be laid before the Metropolitan Council 

of Delhi. 

149. Cesser of operation of certain enactments and savings.—(1) On the commencement of this 

Act the enactments specified in Schedule II shall cease to be in force in Delhi; 

Provided that— 

(i) all rules and standing orders made (including the Punjab Police Rules, as in force in Delhi), 
appointments  made,  powers  conferred,  orders  made  or  passed,  directions  and  certificates  issued, 
consent, permit, permission or licence given, summons or warrants issued or served, persons arrested 
or  detained  or  discharged  on  bail  or  bond,  search  warrants  issued,  bonds  forfeited  and  penalties 
incurred under any such enactment shall, in so far as they are consistent with this Act, be deemed to 
have been respectively made, conferred, passed, given, issued, served, arrested, detained, discharged, 
forfeited or incurred under this Act; 

(ii) all references in any enactment to any of the provisions of the enactments so ceasing to be in 
force shall, in relation to Delhi, be construed as references to the corresponding provisions of this Act. 

(2)  The  cesser  of  operation  under  sub-section  (1)  of  an  enactment  specified  in  Schedule  II  shall       

not affect— 

(a)  the  validity,  invalidity,  effect  or  consequence  of  anything  done  or  suffered  to  be  done 

thereunder before the commencement of this Act; 

(b)  any  right,  privilege,  obligation  or  liability  already  acquired,  accrued  or  incurred  thereunder 

before such commencement; 

(c)  any  penalty,  forfeiture  or  punishment  incurred  or  inflicted  in  respect  of  any  act  thereunder 

before such commencement; 

43 

 
(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, 

liability, penalty, forfeiture or punishment; or 

(e) any legal proceeding thereunder pending in any court or before any officer immediately before 
such commencement or anything done or suffered to be done in the course of such proceedings, and 
any  such  proceeding  or  any  appeal  or  revisional  proceedings  arising  out  of  such  proceeding  shall, 
save  as  otherwise  expressly  provided  in  section  150  be  instituted,  continued  or  disposed  of,  as  the 
case may be, as if this Act had not been enacted. 

150. Police force functioning in Delhi immediately before the commencement of this Act to be 
deemed to be police force constituted under this Act.—Without prejudice to the provisions contained 
in section 149,— 

(a)  the  police  force  functioning  in  Delhi  immediately  before  the  commencement  of  this  Act 
(hereafter  in  this  section  referred  to  as  the  existing  police  force)  shall,  on  such commencement,  be 
deemed to be police force constituted under this Act and every member of the existing police force 
holding the office mentioned in column (1) of Schedule III, immediately before such commencement, 
shall  be  deemed  to  be  appointed,  on  such  commencement,  to  the  office  mentioned  in  the 
corresponding entry in column (2) of that Schedule; 

(b) all  proceedings  (including  proceedings  by  way  of  investigations)  pending  before  any  police 
officer of the existing police force, immediately before the commencement of this Act shall on such 
commencement be deemed to be proceedings pending before him in his capacity as the holder of the 
office to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly; 

(c)  where  any  power  or  function  which  may  be  exercised  or  discharged  under  any  law  by  a 
District  Magistrate  or  Executive  Magistrate  immediately  before  the  commencement  of  this  Act  has 
been  conferred  on the  Commissioner  of  Police  or any  other  police  officer  by  or  under  this  Act, all 
proceedings in relation to or arising from the exercise of such power or the discharge of such function 
pending  immediately  before  such  conferment  before  the  District  Magistrate,  or  the  Executive 
Magistrate,  as  the  case  may  be,  shall,  on  the  conferment  of  such  power  or  function  on  the 
Commissioner  of  Police  or  other  police  officer  stand  transferred  to  the  Commissioner  of  Police  or 
other  police  officer,  as  the  case  may  be,  and  the  officer  to  whom  such  proceedings  stand  so 
transferred shall either proceed de novo or from the stage of such transfer. 

151. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this  Act  in  consequence  of  the  transition  to  the  said  provisions  from  the  provisions  of  the  enactments 
mentioned in Schedule II, the Central Government may, by notification in the Official Gazette, make such 
provisions as appear to it to be necessary or expedient for removing the difficulty: 

Provided  that  no  such  notification  shall  be  issued  after  the  expiry  of  two  years  from  the 

commencement of this Act. 

(2)  Every  notification  issued  under  this  section  shall,  as  soon  as  may  be  after  it  is  issued,  be  laid 

before each House of Parliament. 

152. Repeal and saving.—(1) The Delhi Police Ordinance, 1978 (Ord. 2 of 1978) is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed 

shall be deemed to have been done or taken under the corresponding provisions of this Act. 

44 

 
 
 
SCHEDULE I 

[See section 146(1)] 

PART I 

CENTRAL ACTS 

1. The Press and Registration of Books Act, 1867. 

2. The Indian Explosives Act, 1884. 

3. The Indian Lunacy Act, 1912. 

4. The Poisons Act, 1919. 

5. The Police (Incitement to Disaffection) Act, 1922. 

6. The Cinematograph Act, 1952. 

7. The Suppression of Immoral Traffic in Women and Girls Act, 1956. 

8. The Arms Act, 1959. 

9. The Prevention of Cruelty to Animals Act, 1960. 

PART II 

DELHI ACT AND ACTS EXTENDED TO DELHI 

1. The Madras Restriction of Habitual Offenders Act, 1948, as in force in Delhi. 

2. The Punjab Security of State Act, 1953, as in force in Delhi. 

3. The Madras Dramatic Performance Act, 1954, as in force in Delhi. 

4. The Delhi Public Gambling Act, 1955. 

5. The Bombay Prevention of Begging Act, 1959, as in force in Delhi. 

__________ 

SCHEDULE II 

(See section 149) 

Year 

1861 

1872 

1951 

No. 

V 

IV 

XXII 

Short title 

The Police Act, 1861. 

Section  40  of  the  Punjab  Laws  Act,  1872,  as  in      

force in Delhi. 

The provisions of the Bombay Police Act, 1951, as in 

force in Delhi. 

45 

 
 
 
 
 
 
 
 
 
 
SCHEDULE III 

(See section 150) 

Designation of officer in the Delhi police 

Posts to which the officers of the Delhi police shall 
be deemed to be appointed 

(1) 

(2) 

1. Inspector General of Police. 

Commissioner of Police. 

2. Deputy Inspector General of Police. 

Additional Commissioner of Police. 

3. Superintendent of Police. 

Deputy Commissioner of Police. 

4. Assistant Inspector General of Police. 

Deputy Commissioner of Police. 

5. Additional Superintendent of Police. 

Additional Deputy Commissioner of Police. 

6, Assistant Superintendent of Police. 

Assistant Commissioner of Police. 

7. Deputy Superintendent of Police. 

Assistant Commissioner of Police. 

46 

 
 
 
 
 
 
