Section 109 of the Delhi Police Act, 1978: Penalty for Disobedience to an Order Under Section 27
Section 109 prescribes the punishment for refusing or failing to comply with an order issued under Section 27 requiring premises provided for police residential accommodation to be vacated.
Text of Section 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.
Source: Delhi Police Act, 1978 (Act 34 of 1978), official India Code PDF.
Meaning and scope of Section 109
The provision creates a specific offence linked to an order made under Section 27. It is not a general penalty for every refusal to vacate a house, tenancy dispute or private eviction notice. The underlying premises and order must fall within the statutory framework governing accommodation provided for police officers.
What does Section 27 provide?
Section 27(1), titled Occupation of, and liability to vacate, premises provided for police officers, requires a police officer occupying residential premises provided by the Commissioner of Police to comply with the prescribed terms and conditions and to vacate on ceasing to be a police officer or when the competent authority requires vacation for reasons recorded in writing.
Section 27(2) provides for an order to vacate where a person bound or required to leave does not do so. It also provides for authorised action to enter, remove occupants, take possession and deliver the premises as directed.
When can Section 109 be invoked?
The material considerations ordinarily include:
- Whether the premises are covered by Section 27, concerning residential accommodation provided for police officers.
- Whether a competent authority made an order under Section 27 requiring vacation of those premises.
- Whether the person concerned contravened, disobeyed, opposed or failed to conform to that order.
- Whether the alleged conduct and the applicable order are established through admissible evidence in the proceedings.
Punishment for disobedience
Upon conviction, Section 109 permits imprisonment for up to three months, a fine of up to Rs. 500, or both. These are statutory maximums, not mandatory sentences in every case. The official consolidated text cited above retains these amounts.
A Delhi Police (Amendment) Bill, 2010 proposed higher penalties, but a proposed bill must not be treated as enacted law. The amount stated here follows the official Act text rather than the proposal.
Practical illustration
Suppose a police officer occupies accommodation allotted by the Commissioner of Police. After the officer ceases service, the competent authority makes an order under Section 27 requiring the premises to be vacated. If the person bound by that order refuses to comply, Section 109 may be relevant, subject to proof of the statutory requirements.
Frequently asked questions
What does Section 109 of the Delhi Police Act punish?
It penalises contravention, disobedience, opposition or failure to comply with an order under Section 27 requiring a person to vacate premises.
What is the punishment under Section 109?
On conviction, imprisonment up to three months, a fine up to Rs. 500, or both.
Does Section 109 apply to every eviction dispute?
No. Section 109 specifically concerns orders to vacate premises under Section 27, which addresses residential premises provided for police officers.
Official legal reference
Read the Delhi Police Act, 1978 on India Code, particularly Sections 27 and 109, for the operative statutory language. Readers should also check subsequent notifications or amendments relevant to their circumstances.
Legal information only. Application of the provision depends on the facts, the validity of the order and applicable law.