Section 133 of the Delhi Police Act, 1978: Method of Proving Orders and Notifications
Section 133 specifies how an order or notification issued under the Delhi Police Act, 1978, and its due publication or issue, may be established through an Official Gazette copy or a properly signed and certified copy.
Text of Section 133 - Method of proving orders and notifications
Any order or notification published or issued by the Administrator or by the Commissioner of Police or any other police officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by the Administrator or Commissioner of Police or other police officer, as the case may be, and by him certified to be a true copy of an original published or issued according to the provisions of this Act applicable thereto.
Meaning and scope of Section 133
Section 133 is an evidentiary provision. It identifies documentary methods for proving both the contents of an order or notification and the fact that it was duly published or issued under the Act. It does not itself confer a new power to issue orders, create an offence or prescribe a punishment.
Who may issue the order or notification?
The provision covers orders or notifications published or issued under the Act by the Administrator, the Commissioner of Police, or another police officer exercising authority under the Act. Whether the particular officer had the power to issue the document depends on the relevant enabling provision.
Two methods of documentary proof
- Official Gazette copy: Produce a copy of the order or notification appearing in the Official Gazette.
- Signed, certified copy: Produce a copy signed by the Administrator, Commissioner of Police or other issuing officer, as applicable, and certified by that officer as a true copy of an original published or issued in accordance with the Act.
The word "may" describes permitted methods of proof; the section should not be read as an automatic declaration that every purported order is valid or that its legal effect is beyond challenge.
Practical application
When an order or notification is relied upon in legal proceedings, the party producing it should identify the enabling section, the issuing authority, the date, and the manner of publication or issue. A Gazette copy or an appropriately certified copy may establish the order and its due publication or issue under Section 133.
Questions about the order's validity, the authority of its maker, service on an affected person, or compliance with other statutory requirements may require separate examination. Section 134 addresses defects of form and procedural irregularities, while Section 135 contains a distinct presumption for prosecutions involving orders under Sections 46, 47 or 48.
Frequently asked questions
Is an Official Gazette copy sufficient under Section 133?
The section expressly permits production of a copy appearing in the Official Gazette to prove the order or notification and its due publication or issue, subject to applicable legal questions in the proceedings.
Can a certified copy be used instead?
Yes. The provision permits a copy signed and certified as a true copy by the relevant authority or officer, in the manner stated in Section 133.
Does Section 133 impose a penalty?
No. It provides a method of proof, not a separate offence or penalty.
Official legal sources
Read the Delhi Police Act, 1978 (India Code, official PDF) and the Delhi Police Acts and Rules directory. The Act is Act No. 34 of 1978. Check the current official text and any relevant amendments or notifications when applying the provision.