Delhi Police Act, 1978 | Act 34 of 1978
Section 115 of the Delhi Police Act, 1978: Penalty for Contravention of Directions Under Sections 46, 47 or 48
Section 115 prescribes criminal punishment for opposing, disobeying or abetting non-compliance with specified police directions concerning dispersal and removal of persons under the Delhi Police Act, 1978.
Text of Section 115
Whoever opposes or fails to conform to any direction issued under section 46, section 47 or section 48 or abets the opposition to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment which shall not be less than four months but which may extend to one year and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.
Source: Delhi Police Act, 1978 - official India Code text (PDF).
Meaning and essential requirements
The provision applies when a person opposes a direction made under Section 46, 47 or 48, fails to comply with it, or abets such opposition or non-compliance. A prosecution must establish the relevant direction and the conduct alleged to breach it. Whether an order was lawfully issued, communicated and applicable to the accused depends on the facts and the statutory safeguards.
What do Sections 46, 47 and 48 provide?
Section 46 - Dispersal of gangs and bodies of persons
Section 46 authorises the Commissioner of Police, in the circumstances specified in that section, to direct a gang or body of persons to conduct itself so as to prevent violence and alarm, or to disperse and leave a specified area and refrain from returning.
Section 47 - Removal of persons about to commit offences
Section 47 concerns removal directions where the statutory conditions relating to specified conduct, apprehended offences or witness unwillingness are satisfied. Its requirements must be considered before treating an alleged failure to obey as an offence under Section 115.
Section 48 - Removal of persons convicted of certain offences
Section 48 permits removal directions concerning persons with specified convictions where the Commissioner of Police has the further reason to believe contemplated by the provision. A past conviction alone should not be confused with an automatically operative removal direction.
Punishment under Section 115
Upon conviction, the ordinary statutory sentence is imprisonment for not less than four months and not more than one year, together with liability to a fine. The section does not state a fixed fine amount.
The proviso allows a court to impose imprisonment for less than four months, but only for adequate and special reasons recorded in its judgment. It does not eliminate the need for conviction or authorise a sentence beyond the statutory maximum.
Procedural safeguards and connected provisions
Sections 49 to 54 of the Delhi Police Act address connected matters including the period of operation of directions, hearing, appeals, enforcement, and temporary permission to enter an excluded area. In particular, Sections 50 and 51 are important when assessing the opportunity of hearing and available statutory appeal. The precise procedure depends on the type of direction and applicable law.
Section 116 separately addresses unauthorised entry or return to a prohibited area, or overstaying temporary permission, and carries its own penalty. It should not be treated as interchangeable with Section 115.
Practical interpretation
For example, if a valid removal direction under Section 47 is operative and a person knowingly refuses to comply, the alleged refusal may engage Section 115. If a person returns to an excluded area without permission, the distinct ingredients of Section 116 may also require consideration. Liability cannot be decided merely from the existence of a police allegation.
Frequently asked questions
Is imprisonment mandatory under Section 115?
The provision prescribes imprisonment and liability to fine upon conviction. Its proviso permits a term shorter than four months when the court records adequate and special reasons.
Does Section 115 apply to every police instruction?
No. It specifically concerns directions issued under Sections 46, 47 or 48 of the Delhi Police Act, 1978.
Can an affected person challenge a removal order?
The Act provides safeguards and an appeal mechanism, including under Sections 50 and 51, subject to their terms and applicable procedural requirements.
Official legal references
Delhi Police Act, 1978 - India Code official PDF | India Code official legislative database | Delhi Police official website.
Legal information: This article explains the statutory framework for general reference. Readers should check the current official text, relevant notifications and applicable judicial decisions for a particular case.