Section 129 Delhi Police Act, 1978: Summary Disposal of Certain Cases
Section 129 establishes a limited procedure under which an accused person summoned for specified offences may plead guilty by registered letter and remit a court-specified sum before the hearing. When its conditions are met, no further proceedings in respect of that offence are taken.
Section 129: Statutory provision
(1) A court taking cognizance of an offence punishable under section 97, or under clause (a), (b) or (c) of section 110 may state upon the summons to be served on the accused person that he may, by a specified date, prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum not exceeding one hundred rupees in the case of an offence punishable under section 97 and in any other case rupees fifty, as the court may specify.
(2) Where an accused person pleads guilty and remits the sum specified in the summons, under sub-section (1), no further proceedings in respect of the offence shall be taken against him.
This reproduces the statutory wording supplied in the original page. Check the India Code legislative repository for the authoritative text and any subsequent amendments.
Which offences qualify for summary disposal?
The procedure is restricted to an offence punishable under Section 97 or under Section 110(a), 110(b) or 110(c) of the Delhi Police Act, 1978. It does not automatically extend to every offence under the Act or to other clauses of Section 110.
The court must first take cognizance of the relevant offence. The summons may then specify an option to plead guilty by registered letter and pay the stated amount. This is a court-controlled option, not a general right to settle any police case by paying money.
How the Section 129 procedure works
- Court takes cognizance: The case concerns Section 97 or one of the specified clauses of Section 110.
- Summons offers the option: The court may state on the summons that the accused can plead guilty by registered letter before a specified date preceding the hearing.
- Accused makes a choice: The accused may use the procedure by sending a guilty plea by registered letter and remitting the amount fixed in the summons.
- Payment stays within the statutory cap: The specified sum cannot exceed Rs. 100 for Section 97 or Rs. 50 for Section 110(a), (b) or (c).
- Proceedings end for that offence: Under subsection (2), if both the guilty plea and required remittance are made in accordance with subsection (1), no further proceedings in respect of that offence are taken.
Important legal terms explained
Taking cognizance
A court taking cognizance means that it applies its judicial mind to an alleged offence for the purpose of proceeding under law. Section 129 operates only after the court has taken cognizance of an offence within the provision.
Summons
A summons is a formal court direction requiring a person to appear or respond as specified. Under Section 129(1), the court may include the optional registered-letter guilty-plea procedure in the summons itself.
Plea of guilty
A plea of guilty is an admission of the charge. An accused person should understand the charge and the consequences before choosing this option. Section 129 does not require an accused to plead guilty.
Registered letter and remittance
The statutory text expressly provides for a registered letter and remittance to the court. The exact deadline and amount must be those specified in the summons. Do not assume an online payment, ordinary post or payment to a police officer is a substitute unless a lawful court direction permits it.
Payment limits under Section 129
Offence under Section 97: The amount specified by the court may not exceed Rs. 100.
Offence under Section 110(a), (b) or (c): The amount specified by the court may not exceed Rs. 50.
These figures are statutory maximums for the remittance contemplated by Section 129(1), not a universal penalty for all violations under Sections 97 and 110. The court may specify a lower amount. No accused should assume that paying a statutory maximum without the court's summons will dispose of a case.
What happens after a guilty plea and payment?
Section 129(2) states that where the accused pleads guilty and remits the specified sum under subsection (1), no further proceedings in respect of that offence shall be taken against that person. The effect is limited to the offence covered by the qualifying summons; the provision does not itself dispose of unrelated charges.
If the accused disputes the allegation, wishes to contest the charge, or cannot meet the terms of the summons, legal advice should be sought rather than assuming that this summary route is mandatory.
Current criminal procedure and other applicable laws
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally replaced the Code of Criminal Procedure, 1973 from 1 July 2024, subject to its transitional and saving provisions. Section 129 is a specific procedure in the Delhi Police Act; its interaction with general criminal procedure must be assessed using the current legislation, the summons and any applicable court directions. Do not confuse this Section 129 with Section 129 of the BNSS or another enactment.
Official references: India Code and the Legislative Department, Government of India.
Related provisions
Section 128 concerns police discretion to prosecute certain offences in specified circumstances. Section 130 addresses the effect of the Act on prosecution under other enactments. These provisions serve different purposes from the court procedure under Section 129.
Frequently asked questions
Can every offence under the Delhi Police Act be settled under Section 129?
No. The statutory procedure applies only to offences punishable under Section 97 and Section 110(a), (b) or (c), where the court includes the option in the summons.
Is the payment always Rs. 100 or Rs. 50?
No. Those are the maximum amounts for the two categories. The amount payable is the amount the court specifies in the summons, subject to the relevant cap.
Must an accused person plead guilty?
No. Section 129 provides an option where offered in the summons. A person who wishes to contest the charge should not submit a guilty plea merely to avoid appearing in court without understanding its implications.
Does sending a guilty plea alone close the case?
Not under the wording of Section 129(2). Both the guilty plea and remittance of the sum specified under subsection (1) are required.
Does Section 129 allow payment directly to police?
The provision speaks of remittance to the court, not payment to a police officer. Follow the court's lawful instructions.