Delhi Police Act, 1978 | Act 34 of 1978

Section 121: Neglect or Refusal to Serve as Special Police Officer

Section 121 of the Delhi Police Act, 1978 prescribes a penalty when a person appointed as a special police officer under Section 17, without sufficient cause, refuses or neglects to serve or disobeys a lawful duty-related order.

At a glance: On conviction, the fine may extend to Rs. 50. The punishment also automatically cancels the special police officer's certificate of appointment. Section 121 itself does not prescribe imprisonment.

Text of Section 121 of the Delhi Police Act, 1978

121. Neglect or refusal to serve as special police officer

(1) Any person, who having been appointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty rupees.

(2) Such punishment shall automatically cancel the certificate of appointment of such a special police officer.

Source: India Code - Delhi Police Act, 1978 (official PDF). The statutory wording above is retained from the Act.

Meaning and scope of Section 121

The provision applies specifically to a person who has been appointed as a special police officer under Section 17. It is not a general penalty for every person who refuses a police request. The relevant conduct must concern the duties attached to that appointment.

Neglect or refusal to serve: Failure to perform the assigned role as a special police officer without sufficient cause.
Disobedience of lawful directions: Failure to obey an order or direction lawfully issued for performing the special police officer's duties.
Without sufficient cause: The wording expressly recognises that a sufficient reason for non-compliance matters; the facts and evidence of each case must be considered.
On conviction: The statutory fine and automatic certificate cancellation follow a conviction, not merely an allegation.

Section 17: Appointment of special police officers

Section 17(1) authorises the Commissioner of Police, in the circumstances described in that provision, to appoint a fit, able-bodied male person aged at least 18 years as a special police officer by a written order signed and sealed by the Commissioner. The power is connected with apprehended riots or grave disturbances of peace where the ordinary police force is considered insufficient to protect persons and property.

Section 17(2) provides for publication of the names of appointed special police officers. Section 17(3) allows objections to an appointment within 15 days and provides for consideration of those objections. Under Section 17(4), an appointee receives a certificate of appointment and has the powers, privileges, immunities and duties specified there.

Read the full wording in the official Delhi Police Act PDF on India Code or consult the Delhi Police Acts and Rules page.

Punishment and effect on appointment

Maximum fine: Rs. 50Section 121(1) specifies a fine not exceeding fifty rupees on conviction.

Automatic certificate cancellationUnder Section 121(2), the punishment automatically cancels the certificate of appointment.

The amount of the statutory fine is reproduced as enacted in the cited text; it should not be confused with penalties prescribed for other police-related offences. The automatic cancellation provision is a separate statutory consequence of punishment under Section 121.

Practical considerations

Where Section 121 is invoked, relevant questions include whether there was a valid appointment under Section 17, what duty or lawful direction was communicated, whether the person failed to comply, and whether there was sufficient cause. The answer depends on the appointment record, the particular order and the circumstances.

Section 121 should also be distinguished from Section 122, which deals with different forms of false statements and misconduct, and Section 123, which concerns failure to deliver up a certificate or other article in the circumstances specified there.

Frequently asked questions

Can anyone be punished under Section 121?

No. Its wording concerns persons appointed as special police officers under Section 17, subject to the other statutory requirements.

What is the maximum penalty under Section 121?

Section 121(1) provides for a fine of up to Rs. 50 on conviction. It does not itself specify imprisonment.

Does a conviction affect the appointment certificate?

Yes. Section 121(2) states that the punishment automatically cancels the certificate of appointment.

What if there was a sufficient reason for not serving?

The provision applies to neglect or refusal without sufficient cause. Whether a reason is sufficient is a fact-dependent question requiring consideration of the evidence.

Official legal resources

Legal information is provided for general reference. Consult the current statutory text, applicable notifications and professional advice for a specific matter.