Section 120 of Delhi Police Act, 1978: Dangerous Performances, Permission and Punishment
Section 120 regulates certain life-threatening public performances involving deliberate deprivation of air. It requires prior permission from the Commissioner of Police and provides criminal penalties for contravention or attempted contravention.
The provision concerns specified suffocation-risk performances at places likely to attract an assembly. The maximum punishment is one year's imprisonment, a fine, or both. The offence is expressly cognizable.
Section 120: Statutory provisions
Sub-section (1): Previous permission
No person shall without the previous permission of the Commissioner of Police and except in accordance with any conditions subject to which such permission is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself under ground or seals himself in any room or receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation.
Sub-section (2): Punishment
If any person contravenes or attempts to contravene the provisions of sub-section (1), he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
Sub-section (3): Cognizable offence
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under this section shall be cognizable.
Meaning and scope of Section 120
The restriction is directed at a specific category of dangerous spectacle, not at every stunt or theatrical performance. It addresses a performance where a person is buried underground or sealed inside a room, container or other object in a way that cuts off access to air for a period ordinarily capable of causing death by suffocation. The place must also be one likely to cause an assembly of persons.
Prior permission must be obtained from the Commissioner of Police, and any conditions attached to that permission must be observed. Permission is not a blanket exemption from other applicable safety or criminal laws.
When can Section 120 apply?
In considering a suspected violation, the relevant issues include the nature and location of the performance, whether it involves the specified deprivation of air, the duration and resulting suffocation risk, and whether valid prior permission was granted and its conditions followed. Sub-section (2) expressly covers an attempt as well as a completed contravention.
Punishment and offence classification
| Issue | Section 120 position |
|---|---|
| Imprisonment | Up to one year |
| Fine | May be imposed instead of or along with imprisonment; Section 120 does not specify a numerical maximum |
| Attempt | Expressly punishable under sub-section (2) |
| Cognizable status | Expressly cognizable under sub-section (3) |
| Permission authority | Commissioner of Police |
"Cognizable" concerns police powers to investigate and arrest without a warrant subject to applicable procedural safeguards; it does not itself decide whether an offence is bailable or non-bailable.
Current criminal procedure: BNSS, 2023
Section 120(3) retains its original reference to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC with effect from 1 July 2024, subject to repeal and savings provisions under Section 531. The express cognizable classification in Section 120(3) remains relevant, while the applicable procedure and transitional position must be considered under the BNSS and any governing savings provisions.
See the official Delhi Police Act, 1978 (India Code PDF) and Bharatiya Nagarik Suraksha Sanhita, 2023 (government PDF).
Practical illustrations
A performer proposing to remain in an airtight buried container as a public spectacle may fall within the prohibition unless prior permission has been obtained and its conditions are complied with. By contrast, an ordinary stage illusion that does not involve the statutory suffocation risk should not automatically be described as an offence under this particular section; the actual facts determine applicability.
Frequently asked questions
Is every dangerous public stunt prohibited by Section 120?
No. This section describes a particular form of performance involving burial or enclosure and deprivation of air for a potentially fatal period. Other laws may apply to other dangerous acts.
Is permission required before the performance?
Yes. Where Section 120(1) applies, previous permission of the Commissioner of Police is required, together with compliance with the conditions imposed.
Can an attempted performance attract punishment?
Yes. Section 120(2) expressly punishes an attempt to contravene sub-section (1).
What is the maximum punishment?
Imprisonment up to one year, or fine, or both. The section does not prescribe a minimum term of imprisonment.
Is an offence under Section 120 cognizable?
Yes. Sub-section (3) expressly makes the offence cognizable.
Legal references
For authoritative statutory language and amendments, consult India Code and the Delhi Police official website. The statutory text above follows the uploaded provision; readers should check current official notifications and judicial decisions when applying it to a specific incident.
This article is for general legal information and is not a substitute for advice based on individual facts.