Delhi Police Act, 1978 | Section 116

Section 116 of the Delhi Police Act, 1978: Penalty for Unauthorised Re-entry and Overstaying Permission

Section 116 prescribes criminal punishment when a person subject to a removal (externment) direction returns to a prohibited area without permission, or breaches the limits of temporary permission to return.

Penalty at a glance: Imprisonment of at least six months and up to two years, together with liability to a fine. A court may impose less than six months only for adequate and special reasons recorded in its judgment.

What does Section 116 provide?

The following is the substance of the two statutory situations under Section 116 of the Delhi Police Act, 1978 (Act 34 of 1978). Consult the official text of the Act on India Code for the full legislative wording.

Clause (a): Return in breach of a removal direction

A person directed under Section 46, 47 or 48 to leave Delhi, or a specified part of Delhi, commits the prohibited act by entering or returning to that area without permission in contravention of the direction.

Clause (b): Breach of temporary permission

A person allowed to return temporarily under Section 54(1) is covered if they fail to leave when the authorised period expires or permission is revoked earlier, or if they return again without fresh permission after leaving.

Section 116 operates without prejudice to the power of arrest and removal under Section 53.

Section 46 - Dispersal of gangs and bodies of persons

Section 46 empowers the Commissioner of Police, subject to its stated conditions, to direct the dispersal or removal of gangs or bodies of persons whose movements or activities present specified risks to persons, property or public order.

Section 47 - Removal of persons about to commit offences

Section 47 concerns removal directions against individuals where the statutory conditions relating to dangerous activities, apprehended offences or witness unwillingness are met. Such an order must be considered according to the section's own requirements.

Section 48 - Removal of persons convicted of certain offences

Section 48 provides for removal orders concerning persons with specified convictions where the Commissioner of Police has the required reason to believe that the person is likely to engage again in the relevant offences.

Section 53 - Arrest and removal

Section 53 sets out the power to arrest and remove a person who fails to leave as directed or re-enters contrary to the removal order without the required written permission. This administrative enforcement power is distinct from criminal punishment following conviction under Section 116.

Section 54 - Temporary permission to enter

Section 54 provides for written temporary permission to enter or return to an otherwise prohibited area, subject to applicable conditions and limits. Exceeding the permitted period, remaining after revocation or returning again without fresh permission can attract Section 116.

Punishment and judicial discretion

On conviction under Section 116, the prescribed imprisonment is not less than six months and not more than two years, and the convicted person is also liable to a fine. The provision does not state a fixed monetary ceiling for that fine.

The proviso permits imprisonment below six months where the court records adequate and special reasons in its judgment. This is a statutory exception, not an automatic entitlement.

What must be examined in a Section 116 case?

Whether a legally operative direction under Section 46, 47 or 48 applied to the person and the relevant geographical area.
Whether the alleged entry, return or overstay occurred while the restriction remained operative.
Whether valid written temporary permission existed under Section 54, and its duration and conditions.
Whether the person departed when the permission expired or was revoked, and whether any subsequent return had fresh authorisation.
Whether the prosecution proves the alleged contravention and the applicable elements of the offence.

The legality of the underlying order, required procedure and any available statutory remedies must be assessed on the facts. The current procedural framework, including the Bharatiya Nagarik Suraksha Sanhita, 2023 where applicable, may also be relevant; it does not replace the substantive offence described in Section 116.

Frequently asked questions

Can a person return to Delhi during an externment order?

Only in accordance with the applicable removal order and any lawful permission granted under Section 54. A temporary permission does not create an unrestricted right to return later.

Is imprisonment compulsory under Section 116?

The section prescribes a minimum six-month term, but the court may award a shorter term for adequate and special reasons stated in the judgment.

Is Section 116 the same as Section 115?

No. Section 115 addresses opposition to or failure to comply with directions under Sections 46, 47 or 48. Section 116 specifically addresses unauthorised entry or return and breaches of temporary permission, with a different punishment range.

Official legal sources

Read the Delhi Police Act, 1978 (India Code PDF) and the Delhi Police Acts and Rules directory for the primary statutory materials and related references.

Editorial note: Updated 19 October 2026. This is general statutory information, not advice on an individual case. Always check the current text and applicable judicial decisions before relying on it.