Section 113 Delhi Police Act, 1978: Penalties for Disobeying Police Orders
Section 113 of the Delhi Police Act, 1978 prescribes different punishments for disobeying specified police directions, notifications and orders made under Sections 29, 30, 31, 32, 33 and 34. The applicable penalty depends on the provision under which the direction or order was issued.
What does Section 113 cover?
The provision deals with disobedience of lawful police directions and prohibitory orders relating to public order, prevention of disorder, public gatherings, noise and similar matters. It should be read together with the specific order-making power invoked and the actual terms of the order or notification.
Section 113 penalties at a glance
| Provision | Contravention | Statutory punishment |
|---|---|---|
| 113(1) | Order given by a police officer under Section 29 | Fine up to Rs. 200 |
| 113(2)(a) | Notification/order under Section 30(1), Section 33 or Section 34 | Imprisonment from 4 months to 1 year, and liability to fine; court may award less than 4 months for adequate and sufficient reasons recorded in judgment |
| 113(2)(b) | Order under Section 30(2) | Imprisonment up to 1 month, or fine up to Rs. 100, or both |
| 113(2)(c) | Notification under Section 30(3) | Fine up to Rs. 100 |
| 113(2)(d) | Order under Section 32 | Imprisonment up to 3 months, or fine up to Rs. 500, or both |
| 113(3) | Opposing or failing to conform to a police direction under Section 31 | Fine up to Rs. 200 |
Meaning of Sections 29 to 34
The linked powers address distinct public-order situations:
- Section 29 - Power to give directions to the public: authorises police directions in circumstances governed by the section; disobedience is dealt with by Section 113(1).
- Section 30 - Power to prohibit certain acts for prevention of disorder: provides for preventive orders and notifications, with different penalties under Section 113(2)(a), (b) and (c) according to the subsection used.
- Section 31 - Police to provide against disorder at places of public amusement, assembly or meeting: addresses police directions for maintaining order at such places; non-compliance is covered by Section 113(3).
- Section 32 - Power to prohibit continuance of music, sound or noise: supports orders controlling specified sound or noise; contravention is punishable under Section 113(2)(d).
- Section 33 - Issue of order for prevention of riot, etc.: provides a preventive order-making power for the situations described in that section.
- Section 34 - Maintenance of order at religious or ceremonial display, etc.: concerns the maintenance of public order in the circumstances specified there.
How liability is assessed
For a prosecution under Section 113, the relevant direction, notification or order and its statutory basis are important. The alleged conduct must fall within the applicable subsection, and the prosecution must establish the ingredients of the offence. Section 113(2) expressly covers abetment of contravention of the notifications or orders specified there.
The punishment under Section 113(2)(a) ordinarily includes a minimum imprisonment term of four months. Its proviso permits a shorter term only where the court records adequate and sufficient reasons in its judgment. This exception should not be treated as an automatic reduction.
Practical examples
If a person disregards a qualifying order under Section 32 concerning the continuance of noise, the penalty category is Section 113(2)(d), not the fine-only provision for Section 29. Similarly, a direction issued under Section 31 is addressed separately by Section 113(3). The facts, validity and wording of the particular order remain essential.
Official statutory sources
Read the Delhi Police Act, 1978 (official India Code PDF) and the Delhi Police Acts and Rules directory. The penalties above follow the published text of Section 113; always check applicable amendments and the particular police order when assessing a real case.
Frequently asked questions
What is the maximum imprisonment under Section 113?
For an offence under Section 113(2)(a), imprisonment may extend to one year, along with liability to fine. Other subsections prescribe different limits.
Does every breach of a police order lead to imprisonment?
No. Sections 113(1), 113(2)(c) and 113(3) prescribe fines only; other categories may involve imprisonment.
Can a court impose less than four months under Section 113(2)(a)?
Yes. The proviso allows this for adequate and sufficient reasons recorded in the judgment.
This article provides general legal information and does not replace advice on a specific case.