Section 122 of the Delhi Police Act, 1978: False Statements and Police Misconduct
Section 122 creates criminal penalties for making false statements or using false documents to obtain or leave police employment, and for specified misconduct by serving police officers. It also addresses unauthorised withdrawal from duty by subordinate-rank officers.
What does Section 122 cover?
The provision is headed "Penalty for making false statement, etc., and for misconduct of police officers." It has two main limbs: clause (a) applies to any person making a false statement or using a false document for a specified employment purpose; clause (b) applies to police officers committing listed acts of misconduct.
Section 122: statutory provisions explained
Clause (a): False statements and false documents
Any person who makes a false statement or uses a false document for the purpose of obtaining employment as a police officer or obtaining release from such employment falls within the conduct described by clause (a).
Clause (b): Misconduct by police officers
The provision also covers a police officer who:
- is guilty of cowardice;
- being an officer of subordinate rank, resigns or withdraws from duty contrary to Section 25;
- wilfully breaches or neglects a law, rule, regulation or order which the officer is required to observe or obey; or
- violates a duty where no punishment for that violation is expressly provided under another law in force.
Explanation concerning absence after leave
For clause (b)(ii), an officer absent on leave who fails, without reasonable cause, to report for duty when the leave expires is deemed to have withdrawn from the duties of office within the meaning of Section 25.
Punishment under Section 122
The court may impose imprisonment for a term up to three months, a fine up to Rs. 100, or both, following conviction. Section 122 does not itself prescribe a minimum imprisonment term. The nature of the allegation and the evidence determine whether the offence is established.
How Section 25 relates to Section 122
Section 25 regulates the circumstances in which a police officer of subordinate rank may resign. Section 122(b)(ii) attaches a penal consequence where such an officer resigns or withdraws from duty in contravention of Section 25. The explanation expressly treats failure to return from leave without reasonable cause as withdrawal from duty for this purpose.
Whether an absence amounts to a violation depends on the applicable statutory requirements and facts, including leave records, reporting obligations and any reasonable cause for not returning.
Criminal penalty and departmental action
Section 122 provides for punishment on conviction. This is distinct from service or disciplinary proceedings under applicable police service rules. The existence of a departmental inquiry does not, by itself, establish guilt of the criminal offence under Section 122. Any additional proceedings must have their own lawful basis.
Practical examples
- Recruitment: A person knowingly uses a false document to secure police employment. The conduct may fall within clause (a).
- Resignation: A subordinate-rank officer leaves service contrary to the requirements of Section 25. Clause (b)(ii) may be relevant.
- Return from leave: An officer does not report after leave expires. The statutory explanation requires consideration of whether there was reasonable cause.
- Orders and duties: A wilful breach of an order that an officer is legally bound to obey may engage clause (b)(iii).
These are illustrations of statutory categories, not conclusions about any particular incident.
Frequently asked questions
Can Section 122 apply to a person who is not yet a police officer?
Yes. Clause (a) applies to any person making a false statement or using a false document for the specified purpose of obtaining or leaving police employment.
Is imprisonment mandatory under Section 122?
No. The provision permits imprisonment up to three months, a fine up to Rs. 100, or both, on conviction.
Does every failure to report after leave amount to an offence?
No automatic conclusion should be drawn. The explanation specifically refers to failure to report without reasonable cause, and the requirements of Section 25 and the relevant facts must be considered.
Does Section 122 replace other applicable laws?
No. Its clause (b)(iv) expressly addresses duty violations for which no punishment is expressly provided by another law. Other offences or disciplinary provisions may require separate analysis on their own terms.
Official legal sources
Consult the Delhi Police Act, 1978 (official India Code PDF), the India Code portal, and the Delhi Police Acts and Rules directory for the governing text and any subsequent amendments. This article is explanatory and does not replace the enacted provision or case-specific legal advice.