Section 126 of the Delhi Police Act, 1978: Unauthorised Use of Police Uniforms
Section 126 restricts the wearing of Delhi Police uniforms, lookalike dress and distinctive uniform marks by persons who are not members of the Delhi Police, unless the required official permission has been obtained.
A non-member wearing the Delhi Police uniform, a dress having its appearance, or clothing bearing its distinctive marks without the prescribed permission may, on conviction, be fined up to Rs. 200 under Section 126.
Section 126: Statutory text
If any persons not being a member of the Delhi police wears, without the permission of an officer authorised by the Administrator in this behalf by general or special order, the uniform of the Delhi police or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which may extend to two hundred rupees.
The paragraph above reproduces the wording supplied in the original webpage. For an authoritative consolidated version, check the official Act and subsequent notifications.
Meaning of Section 126
The provision seeks to prevent people who are not Delhi Police personnel from presenting themselves through clothing or insignia as members of the force. It covers more than an exact copy of an official uniform: dress that has the appearance of the uniform or bears its distinctive marks is also within its language.
Who is covered?
The restriction applies to a person who is not a member of the Delhi Police. Whether a particular person is a member of the force is a factual question, assessed against applicable service and appointment records.
What counts as a police uniform or distinctive mark?
The section refers to the uniform itself, a dress having its appearance, and distinctive marks of that uniform. The actual resemblance, badges, insignia and overall presentation may be relevant. A generic item of clothing should not automatically be treated as a prohibited uniform without considering the statutory wording and circumstances.
Who may grant permission?
The provision refers specifically to an officer authorised by the Administrator through a general or special order. Permission should not be assumed merely because a person is participating in a film, performance, event or private security activity. The existence, scope and conditions of any authorisation should be checked.
When can Section 126 apply?
- The wearer is not a member of the Delhi Police.
- The person wears a Delhi Police uniform, dress resembling it, or dress bearing its distinctive marks.
- The required permission from an appropriately authorised officer is absent.
The prosecution must establish the applicable legal requirements on the facts. The provision should not be expanded to all military, paramilitary or other state uniforms merely because they look official; other legislation may regulate those uniforms.
Penalty under Section 126
| Question | Position under Section 126 |
|---|---|
| Nature of conduct | Unauthorised wearing of specified Delhi Police uniform, lookalike dress or distinctive marks by a non-member |
| Maximum fine | Rs. 200 |
| Imprisonment under this section | Not prescribed in Section 126 |
| Permission | From an officer authorised by the Administrator by general or special order |
Section 126 itself provides a fine rather than imprisonment. Depending on the circumstances, separate offences such as impersonation, deception or fraud may be considered under other applicable laws, but those are not automatically established by a breach of Section 126.
Related legal provisions and current law
Delhi Police Act, 1978: Section 126 specifically regulates unauthorised use of Delhi Police uniforms. Section 123 separately concerns wilful failure by a police officer to return an appointment certificate or other article as required under Section 26(1). These are distinct provisions with different elements.
Criminal procedure: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024 subject to its savings provisions, generally governs current criminal procedure. It does not itself alter the fine expressly stated in Section 126. The classification and procedure for any alleged offence should be assessed under the applicable statute and procedural schedules.
Other criminal offences: Where a person falsely pretends to hold public office or uses an official-looking uniform with dishonest intent, additional questions may arise under the Bharatiya Nyaya Sanhita, 2023. Whether another offence is made out depends on its separate statutory ingredients.
Practical illustrations
Example 1: A private individual wears a Delhi Police uniform with official insignia in public without permission. This may engage Section 126.
Example 2: A film production proposes to use realistic Delhi Police uniforms. The production should check whether authorisation is needed and obtain it from the competent authority before use; a general claim of artistic purpose is not the statutory permission.
Example 3: A person wears ordinary khaki clothing without Delhi Police markings. The colour alone does not establish that the clothing has the appearance or distinctive marks covered by the section; the full facts matter.
Frequently asked questions
Can a civilian wear a Delhi Police uniform?
Section 126 restricts this unless permission has been granted by an officer duly authorised by the Administrator.
Does the section cover fake or imitation uniforms?
Yes, its wording expressly includes dress having the appearance of the Delhi Police uniform or bearing its distinctive marks.
What is the maximum punishment under Section 126?
A fine up to Rs. 200 on conviction. The section does not itself prescribe imprisonment.
Does Section 126 automatically apply to all police-style costumes?
No. The dress must meet the wording of the provision, and the wearer's status and any valid permission must be considered.
Can impersonating a police officer lead to other charges?
Potentially. Separate offences may apply if their independent legal elements are satisfied. Section 126 should not be treated as a complete statement of every possible consequence.
Official sources and further reading
Consult the Delhi Police Act, 1978 (India Code PDF), the India Code legislative database and the Delhi Police official website for the Act, rules and applicable administrative orders. The competent authority's permission requirements should be verified directly where necessary.
This article provides general legal information, not advice for a particular case. Verify current statutory amendments, orders and relevant judgments before relying on it.