THE DELHI POLICE ACT, 1978

ACT NO. 34 OF 1978 · Enacted [27th August, 1978.] · 152 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Definitions.

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE

Section 3.One police force for the whole of Delhi.

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

Section 5.Constitution of police force.

Section 6.Commissioner of Police.

Section 7.Additional Commissioner of Police.

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

Section 9.Appointment of Principals of Police training institutions.

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

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

Section 12.Appointment of subordinate ranks.

Section 13.Certificate of appointment.

Section 14.Effect of suspension of police officer.

Section 15.General powers of Commissioner of Police.

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

Section 17.Special police officers.

Section 18.Additional police officers.

REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE

Section 19.Framing of regulations for administration of the police.

Section 20.Commissioner of Police may call for returns.

Section 21.Powers of punishment.

Section 22.Procedure for awarding punishments.

Section 23.Appeal from orders of punishment.

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

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

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

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

POLICE REGULATIONS

Section 28.Power to make regulations for regulating traffic and for preservation of order in public places, etc.

Section 29.Power to give directions to the public.

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

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

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

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

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

Section 35.Commissioner of Police may take special measures to prevent outbreak of epidemic disease at fairs, etc.

Section 36.Power to reserve street or other public place for public purpose and power to authorise erecting of barriers in streets.

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

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE

Section 38.Employment of additional police to keep peace.

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

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

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

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

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

Section 44.Collector to award compensation.

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

Section 46.Dispersal of gangs and bodies of persons.

Section 47.Removal of persons about to commit offences.

Section 48.Removal of persons convicted of certain offences.

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

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

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

Section 52.Finality of order in certain cases.

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

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

Section 55.Taking measurements and photographs, etc., of persons against whom an order under section 46, 47 or 48 is made.

Section 56.Resistance to the taking of measurements, etc.

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

Section 58.Constitution of Defence Societies.

EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS

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

Section 60.Other duties of a police officer.

Section 61.Power to enter places of public resort.

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

Section 63.Emergency duties of police.

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

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

POWERS IN RELATION TO UNCLAIMED PROPERTY

Section 66.Police to take charge of unclaimed property.

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

Section 68.Delivery of property to person entitled.

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

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

Section 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.

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

Section 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.

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

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

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

Section 75.Veterinary officer to examine the animal.

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

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

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

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

OFFENCES AND PUNISHMENTS

Section 80.Disregarding the rules of the road.

Section 81.Causing obstruction or mischief by animal.

Section 82.Exposing animal for hire, sale, etc.

Section 83.Causing any obstruction in a street.

Section 84.Obstructing a footway.

Section 85.Causing obstruction and annoyance by performances, etc.

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

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

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

Section 89.Defiling water in public wells, etc.

Section 90.Obstructing bathers.

Section 91.Behaving indecently in public.

Section 92.Obstructing or annoying passengers in the street.

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

Section 94.Prohibition against flying kites, etc.

Section 95.Committing nuisance in or near street, etc.

Section 96.Disregard of notice in public building.

Section 97.Penalties for offences under sections 80 to 96.

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

Section 99.Punishment for cruelty to animals.

Section 100.Wilful trespass.

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

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

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

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

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

Section 106.Taking pledge from child.

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

Section 108.Cheating at games and gambling in street.

Section 109.Penalty for disobedience to order under section 27.

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

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

Section 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.

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

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

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

Section 116.Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily.

Section 117.Penalty for contravention of orders under section 57.

Section 118.Penalty for opposing or not complying with direction given under clause (b) of sub-section (1) of section 59.

Section 119.Penalty for contravening directions under section 65.

Section 120.Dangerous performances.

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

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

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

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

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

Section 126.Penalty for unauthorised use of police uniforms.

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

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

Section 129.Summary disposal of certain cases.

Section 130.Prosecution for offences under other enactments not affected.

Section 131.Offences by companies.

MISCELLANEOUS

Section 132.Disposal of fees, rewards, etc.

Section 133.Method of proving orders and notifications.

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

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

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

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

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

Section 139.No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, order or direction issued with apparent authority.

Section 140.Bar to suits and prosecutions.

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

Section 142.Public notices how to be given.

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

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

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

Section 146.Powers of Commissioner of Police under other Acts.

Section 147.Power to make rules.

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

Section 149.Cesser of operation of certain enactments and savings.

Section 150.Police force functioning in Delhi immediately before the commencement of this Act to be deemed to be police force constituted under this Act.

Section 151.Power to remove difficulties.

Section 152.Repeal and saving.