Section 118 Delhi Police Act, 1978: Penalty for Disobeying Police Directions
Section 118 of the Delhi Police Act, 1978 penalises opposition to, or failure to comply promptly with, a reasonable police requisition made under Section 59(1)(b). It also covers abetment of such opposition or non-compliance.
The prescribed imprisonment is at least four months and up to one year, together with liability to a fine. A court may award less than four months only for adequate and special reasons recorded in its judgment.
What does Section 118 provide?
Whoever opposes or fails forthwith to comply with any reasonable requisition made by a police officer under clause (b) of sub-section (1) of section 59, or abets the opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term 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 PDF, Section 118.
Meaning of Section 59(1)(b)
Section 59 concerns the duty of police officers to enforce the Delhi Police Act and rules, regulations and orders made under it. Under Section 59(1)(b), an officer may require a person who is acting, or is about to act, contrary to such a provision to desist from that conduct.
In ordinary terms, the provision empowers a police officer to direct a person to stop an actual or impending breach. Section 118 attaches criminal consequences to opposing or not promptly obeying a reasonable requisition of this specific kind.
When can Section 118 apply?
- A police officer makes a requisition under Section 59(1)(b) concerning conduct contrary to the Act or a rule, regulation or order under it.
- The requisition is reasonable in the circumstances.
- The person opposes the requisition, fails to comply with it forthwith, or abets that opposition or failure.
- The alleged conduct and the legal basis of the requisition are established in criminal proceedings.
The words "reasonable requisition" and "forthwith" are important. Whether a direction was legally grounded, reasonable and capable of prompt compliance depends on the facts. Section 118 does not make every disagreement with a police officer a punishable offence.
Punishment under Section 118
| Issue | Statutory position |
|---|---|
| Ordinary minimum imprisonment | Four months |
| Maximum imprisonment | One year |
| Fine | Also applicable; Section 118 does not specify a fixed amount |
| Exception to minimum term | Less than four months if adequate and special reasons are stated in the judgment |
| Conviction | Punishment follows conviction by a competent court |
Procedure and legal safeguards
Section 118 sets out the offence and punishment; questions of arrest, investigation, bail, trial and proof require consideration of the applicable procedural law, including the Bharatiya Nagarik Suraksha Sanhita, 2023, as applicable, and the specific circumstances. Section 59(2) of the Delhi Police Act separately limits arrest without warrant under Section 59(1)(c), subject to its stated exceptions. That provision should not be read as automatically determining arrest powers for every allegation under Section 118.
The prosecution must establish the ingredients of the charged offence. A person accused of violating a police requisition may contest whether the officer had the relevant authority, whether the direction was reasonable, whether the underlying prohibition applied and whether non-compliance or abetment was proved.
Illustrative situations
If a person is about to breach a regulation validly made under the Act and an officer reasonably directs that person to stop, deliberate opposition or failure to stop promptly may raise an issue under Section 118. By contrast, where the alleged requisition has no lawful basis or is unreasonable, those circumstances may be relevant to the defence. Each case depends on evidence and the precise statutory power exercised.
Frequently asked questions
Is the minimum sentence always four months?
No. The proviso permits a shorter term where the court records adequate and special reasons in its judgment.
Can the court impose only a fine?
The section prescribes imprisonment and also liability to a fine; it is not framed as an ordinary choice between imprisonment and fine. The proviso concerns reduction of the minimum imprisonment term.
Does Section 118 apply to every police instruction?
No. It specifically refers to a reasonable requisition under Section 59(1)(b) of the Delhi Police Act, 1978.
What is the difference between Sections 59 and 118?
Section 59 describes enforcement duties and powers, including requiring unlawful conduct to stop. Section 118 prescribes punishment for opposing or failing promptly to comply with the particular requisition identified in Section 59(1)(b), or abetting such conduct.
Official legal resources
Read the official Delhi Police Act, 1978 for the full text of Sections 59 and 118. For updated legislation and procedural enactments, consult the India Code portal. Readers should check for any later amendments, notifications and applicable judicial decisions before relying on the provision in a particular case.
This article provides general legal information and is not a substitute for case-specific professional advice. Last reviewed: 19 October 2026.