Section 111: Liability of Licensees for Acts of Servants
Section 111 of the Delhi Police Act, 1978 (Act 34 of 1978) makes a licence holder for a place of public amusement or public entertainment potentially responsible for certain regulatory offences committed by servants or agents. It also provides a statutory defence where the licensee establishes that all due and reasonable precautions were taken to prevent the offence.
Text of Section 111
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.
Meaning and scope of Section 111
This provision concerns a holder of a licence granted under the Act for a place of public amusement or public entertainment. Liability is linked to an offence under Section 110 committed by a servant or another agent acting on the licensee's behalf with the licensee's express or implied permission.
Key legal terms
- Licensee
- The person holding the relevant licence granted under the Delhi Police Act for the premises.
- Servant or agent
- A person acting for the licensee in the operation or management of the licensed establishment.
- Express or implied permission
- Permission may be expressly communicated or inferred from the circumstances. Whether it existed depends on the evidence.
- Due and reasonable precautions
- Preventive measures appropriate to the relevant regulatory risk. The provision expressly requires the licensee to establish that all such precautions were taken to prevent the offence.
When can the licensee be held responsible?
- A relevant licence exists for a place of public amusement or public entertainment.
- A servant or agent commits an offence falling under Section 110.
- The servant or agent acted on the licensee's behalf with express or implied permission.
- The licensee does not establish the statutory defence of having taken all due and reasonable precautions to prevent the offence.
Section 111 does not make every employee offence automatically attributable to a licensee. Its connection to Section 110 and the conditions specified in the provision are essential.
What is the punishment under Section 111?
Section 111 does not prescribe a separate fixed fine or term of imprisonment. It treats the licensee, when the statutory conditions are satisfied, as responsible for the underlying Section 110 offence. The applicable punishment therefore depends on the specific regulation or licence condition contravened and the relevant clause of Section 110.
Practical compliance considerations
Licensees may reduce regulatory risks by maintaining valid licences, keeping written operating procedures, training staff on licence conditions, monitoring compliance, recording inspections and promptly correcting violations. Such measures may be relevant evidence, but no checklist alone guarantees that the statutory defence is established.
Frequently asked questions
Is a licensee always liable for an employee's actions?
No. Section 111 applies to specified Section 110 offences by servants or agents acting with express or implied permission on the licensee's behalf, subject to its precautions defence.
Can both the employee and licensee be responsible?
Yes. The text states that the licensee may be responsible as well as the actual offender.
Does Section 111 impose its own fine?
No separate fine is specified in Section 111. The penalty follows the relevant offence under Section 110.
Official legal sources
Consult the Delhi Police Act, 1978 on India Code and the Delhi Police Acts and Rules portal for statutory materials and any applicable regulations or notifications.
This article is general legal information. The applicable licence conditions, regulations, notifications and case facts must be examined in an individual matter.