Section 117 of the Delhi Police Act, 1978: Penalty for Contravention of Orders Under Section 57
Section 117 prescribes the punishment for disobeying an order issued under Section 57, which concerns public wearing or display of clothing resembling uniforms of the armed forces, police or other legally constituted forces in circumstances affecting security or public order.
Text of Section 117
Whoever contravenes any order made under section 57 shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Meaning and scope of Section 117
Section 117 is a penal provision: it does not independently prohibit every uniform-like garment. It attaches criminal consequences to contravention of an order lawfully made under Section 57. Accordingly, the terms, scope and publication of the particular order are important to determining whether the provision applies.
The statutory alternatives are imprisonment up to three years, a fine, or both. Section 117 does not itself prescribe a minimum imprisonment term or a fixed fine amount.
Section 57: Power to restrict uniforms resembling those of armed forces or police
Section 57(1) authorises the Administrator, when satisfied that public wearing of a specified dress or apparel by members of a body, association or organisation resembling uniforms of the armed forces, police or another legally constituted force is likely to prejudice State security or public order, to issue a general or special order prohibiting or restricting its public wearing or display.
Section 57(2) requires such an order to be published in the manner prescribed for a public notice under Section 142. The Explanation to Section 57 treats wearing or display at a place to which the public have access as public wearing or display.
The provision therefore concerns specified orders and their terms, rather than imposing a blanket criminal prohibition on all clothing that resembles a uniform.
What must be examined in a Section 117 case?
- Whether an applicable general or special order was made under Section 57 by the competent authority.
- Whether the order was published as required by Section 57(2), read with Section 142.
- Whether the accused person, clothing, conduct, location and relevant date fall within the order's actual scope.
- Whether the prosecution proves the alleged contravention according to applicable criminal-law requirements.
The validity of an order and the facts of an alleged violation are case-specific matters for the competent court.
Punishment under Section 117
On conviction, the court may impose imprisonment for a term not exceeding three years, a fine, or both. The section leaves sentencing within the statutory limits to the court, subject to the applicable law. The maximum term should not be confused with a mandatory sentence.
Illustrative application
If a duly issued and published Section 57 order prohibits members of a specified organisation from displaying a particular uniform-like outfit in public, conduct falling within that order may attract Section 117. Whether an individual act amounts to a violation depends on the precise order and evidence; similarity of clothing alone is not enough to establish every required element.
Official legal reference
Read the Delhi Police Act, 1978 on India Code (official PDF), particularly Sections 57, 117 and 142. For updated enactments and amendments, consult the official India Code portal.
Frequently asked questions
Does Section 117 punish wearing any military-style clothing?
No. The offence depends on contravention of an applicable order under Section 57, not merely on a garment's appearance.
What is the maximum imprisonment under Section 117?
Three years. The provision also permits a fine or both imprisonment and fine.
Is there a minimum sentence under Section 117?
Section 117 does not specify a minimum imprisonment term.
Why is Section 142 relevant?
Section 57(2) requires publication of orders in the manner prescribed for public notices under Section 142.
This article explains the statutory provisions for general information. For a particular case, verify the current law, the actual Section 57 order and its publication, and obtain appropriate legal advice.