Section 127 Delhi Police Act, 1978: Regulations on Carrying Weapons Without Authority
Section 127 empowers the Commissioner of Police to make regulations, by notification in the Official Gazette, restricting the carrying of specified weapons and dangerous substances in streets and public places. It also permits regulations addressing disarming, forfeiture and redemption of seized items.
The power depends on regulations notified in the Official Gazette. The statutory exceptions cover members of the Union armed forces acting as such and police officers. Regulations may provide for seizure and forfeiture, subject to a two-month redemption mechanism and a fine not exceeding Rs. 500.
Section 127: Statutory text
Sub-section (1): Power to make regulations
(1) The Commissioner of Police may, by notification in the Official Gazette, make regulations to provide that no person, other than a member of the armed forces of the Union acting as such or a police officer, shall go armed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by such authority as may be specified in such regulations.
Sub-section (2): Disarming, forfeiture and redemption
(2) Any regulation made under sub-section (1) may provide that any person who goes armed in contravention of such regulation shall be liable to be disarmed by any police officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within two months by payment of such fine, not exceeding five hundred rupees, as the Commissioner of Police imposes.
What does Section 127 mean?
Section 127 is primarily a regulation-making provision. It authorises the Commissioner of Police to publish regulations controlling the carrying of specified weapons and substances in public. The precise restriction in an individual case depends on the terms, scope and current validity of the applicable Gazette-notified regulation; the section itself should not be described as a universal ban on possession of every weapon.
Meaning of important expressions
Official Gazette: the formal government publication used to notify regulations. Street or public place: the locations specified in Section 127(1); the relevant statutory definitions and circumstances must be considered. Authorised: permission granted by the authority designated under the particular regulation, not necessarily by the Commissioner personally. Forfeiture: loss of the seized weapon or substance to the Government under a regulation made within the statutory power, subject to the stated redemption provision.
Weapons and substances covered
Sub-section (1) names a sword, spear, bludgeon, gun or other offensive weapon, as well as an explosive or corrosive substance. Whether a particular object falls within the wording depends on its nature, the facts and the applicable notified regulation. The provision concerns going armed in a street or public place, rather than mere ownership of an object in private premises.
Who is excepted and how can authority be obtained?
The text expressly excepts members of the armed forces of the Union acting as such and police officers. Other persons may be authorised by the authority identified in the applicable regulation. An arms licence or other permission under a separate law should not automatically be assumed to satisfy every condition of a Delhi Police regulation; both sets of requirements may need examination.
Disarming, seizure and redemption under Section 127(2)
| Issue | Statutory position |
|---|---|
| Power to issue regulations | Commissioner of Police, by Official Gazette notification |
| Relevant locations | Streets and public places |
| Disarming | Regulations may provide for disarming by a police officer following contravention |
| Forfeiture | Regulations may provide for forfeiture of the seized weapon or substance to Government |
| Redemption period | Within two months, where the statutory redemption mechanism applies |
| Maximum redemption fine | Rs. 500, as imposed by the Commissioner of Police |
Important distinction: the fine mentioned in Section 127(2) is attached to redemption of a seized item. It should not be represented without qualification as a general criminal fine or imprisonment penalty imposed by Section 127 itself. Any separate criminal offence or penalty must be identified from the applicable law and regulation.
Relationship with the Arms Act and other laws
Section 127 operates alongside other applicable laws, including the Arms Act, 1959, the Arms Rules, 2016, and laws governing explosives and hazardous substances where relevant. Requirements under those laws may be independent of a Delhi Police regulation. The existence, area of operation and precise wording of a current Gazette notification should be checked before concluding that an individual has violated Section 127-related regulations.
For official legal texts, consult India Code, the Delhi Police Act, 1978 (official PDF), and the Gazette of India. For Delhi Police information and notifications, see the Delhi Police official website.
Practical examples
Example 1: a person carries a sword through a public street where a valid Gazette-notified regulation prohibits that conduct without specified authorisation. The regulation and the facts determine whether disarming or forfeiture provisions apply.
Example 2: a member of the Union armed forces carries an authorised service weapon while acting in that capacity. The express statutory exception may be relevant, subject to the actual circumstances and other applicable rules.
Example 3: a person has an arms licence but does not comply with an additional, valid restriction under a local notified regulation. A licence alone may not resolve the separate regulatory issue.
Frequently asked questions
Does Section 127 itself ban all weapons in Delhi?
No. It empowers the Commissioner of Police to make specified regulations by Gazette notification. The operative restrictions must be determined from the applicable regulation.
Does Section 127 apply to private possession at home?
The wording of sub-section (1) addresses going armed in a street or public place. Private possession may be governed by other laws.
Who can authorise carrying a weapon under the regulation?
The authority specified in the particular Gazette-notified regulation. It should not be assumed to be the same for every notification.
What is the maximum amount payable to redeem a seized weapon?
Section 127(2) refers to a fine not exceeding Rs. 500 imposed by the Commissioner of Police, with redemption within two months where the relevant regulation provides for that mechanism.
Does the provision prescribe imprisonment?
Section 127 itself does not state a term of imprisonment. Separate penalties, if any, must be established under other applicable provisions.
Sources and legal update
This article reproduces the two sub-sections supplied in the original page and explains their operation. For a specific incident, verify the current Gazette regulations, any subsequent amendments, relevant court decisions and other applicable laws using the official sources linked above.
General legal information only; not individual legal advice. Updated 19 October 2026.