Section 123 of the Delhi Police Act, 1978: Failure to Deliver Up Appointment Certificate or Other Article
Section 123 prescribes a criminal penalty where a police officer wilfully neglects or refuses to return an appointment certificate, office certificate or another article as required by Section 26(1) of the Delhi Police Act, 1978.
Text of Section 123
Any police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section (1) of section 26 shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
The text above preserves the substantive wording of Section 123 from the original article. Consult the official India Code repository for the current authoritative enactment and any amendments.
Meaning and essential elements of Section 123
The expression "deliver up" means to hand over or surrender an item to the authority entitled to receive it. The provision concerns a police officer's duty to return official certificates or other articles when required by Section 26(1).
For liability under Section 123, the relevant issues include whether the person was a police officer, whether Section 26(1) required the item to be returned, whether the item fell within that requirement, and whether the failure or refusal was wilful. A mere allegation of non-return does not by itself establish every ingredient of the offence.
How Section 26(1) relates to Section 123
Section 26(1) provides the underlying statutory obligation concerning surrender of a police officer's certificate and other official articles in the circumstances specified by that provision. Section 123 supplies the punishment for wilful neglect or refusal to comply with that obligation.
The two provisions should be read together. The precise event triggering the return obligation, the items to be surrendered and the person to whom they must be delivered should be determined from the current text of Section 26(1), the officer's service record and any applicable lawful directions.
Punishment under Section 123
On conviction, the court may impose imprisonment for up to one month, a fine of up to Rs. 200, or both. These are the amounts stated in the provision; this article does not substitute a different penalty merely because the figures are historical.
The word "wilfully" matters: an intentional refusal or deliberate neglect must be distinguished from situations such as an item already having been returned, an inability to locate it, or a genuine dispute over the applicable obligation. Whether a particular explanation succeeds depends on the evidence and law.
Practical compliance and evidence
- Identify the certificate, identity document, equipment or other official article that the officer is required to return under Section 26(1).
- Follow the applicable written handover or surrender instructions and obtain an acknowledgement or inventory when available.
- Keep records of communications, receipts and any explanation for delay or non-delivery.
- If criminal proceedings arise, examine the statutory duty, the alleged wilful conduct and the evidence supporting each element.
Related provisions of the Delhi Police Act
Section 122 addresses specified false statements and police misconduct. Section 121 deals with neglect or refusal to serve as a special police officer. Section 124 concerns vexatious entry, search and arrest by a police officer. Each provision has distinct ingredients and penalties.
Frequently asked questions
What does Section 123 punish?
It punishes a police officer's wilful neglect or refusal to surrender a certificate of appointment, certificate of office or other article in accordance with Section 26(1).
Is imprisonment mandatory under Section 123?
No. The provision permits imprisonment up to one month, a fine up to Rs. 200, or both, following conviction.
Does every delay in returning an article amount to an offence?
Not automatically. The prosecution must establish the applicable statutory duty and the wilful neglect or refusal required by Section 123.
Where can I check the official legislation?
Consult the India Code website and search for the Delhi Police Act, 1978, including Sections 26 and 123.