DELHI POLICE ACT 1978

ACT NO. 34 OF 1978

[27th August, 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:-

CHAPTER I PRELIMINARY

Section 1 Short title, extent and commencement

Section 2 Definitions

CHAPTER II 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

CHAPTER III 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

CHAPTER IV 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

CHAPTER V 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

CHAPTER VI 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

CHAPTER VII 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

CHAPTER VIII 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

CHAPTER IX 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

CHAPTER X 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

CHAPTER XI 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

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