Delhi Police Act, 1978 | Act 34 of 1978

Section 136 of the Delhi Police Act, 1978: Powers of Officers Holding Charge of Vacant Posts

Section 136 ensures continuity in the exercise of statutory police powers when an officer takes charge of a vacant post or succeeds to it, whether temporarily or permanently.

At a glance: An officer who holds charge of or succeeds to a vacant police post may exercise the powers and perform the duties assigned to that post by or under the Delhi Police Act, 1978, subject to the applicable legal requirements.

Text of Section 136

Officers holding charges of, or succeeding to, vacancies competent to exercise powers

Whenever in consequence of the office of the Commissioner of Police, Additional Commissioner of Police or any police officer becoming vacant, any officer holds charge of the post of such Commissioner of Police, Additional Commissioner of Police or other police officer or succeeds, either temporarily or permanently, to that post, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by or under this Act on the Commissioner of Police or on such Additional Commissioner of Police or other police officer, as the case may be.

Source: Official India Code text of the Delhi Police Act, 1978 (PDF).

Meaning and purpose of Section 136

This provision addresses the legal consequences of a vacancy in a police office. If an officer is placed in charge of the vacant post, or succeeds to that post on a temporary or permanent basis, the Act recognises that officer's competence to discharge the statutory responsibilities attached to the post.

The purpose is administrative continuity: police functions need not be interrupted merely because the previous holder of an office has left it. The section concerns the powers and duties of the office, rather than creating a new or unlimited source of police authority.

When does Section 136 apply?

Vacancy: The office of the Commissioner of Police, Additional Commissioner of Police or another police officer has become vacant.
Holding charge or succession: Another officer holds charge of that post or succeeds to it.
Temporary or permanent arrangement: Succession may be temporary or permanent; the provision expressly covers both.
Statutory powers and duties: The officer may exercise the powers and perform the duties conferred or imposed on that post by or under the Act.

Scope and limitations of the authority

Section 136 is a continuity provision. It does not dispense with the need to establish that the officer actually holds charge of or has succeeded to the relevant vacant post. Nor does it override specific statutory conditions governing how a particular power must be exercised.

Where an action is challenged, the relevant questions may include whether the office was vacant, whether the officer validly assumed charge or succeeded to the post, and whether the action was otherwise authorised by the applicable law. Powers derived from other enactments must also be assessed under those enactments and any applicable delegation or authorisation requirements.

Practical illustration

Suppose the office of an Additional Commissioner of Police becomes vacant and another officer is duly placed in charge. Under Section 136, the officer holding charge is competent to exercise the powers and perform the duties that the Delhi Police Act attaches to that office. Any procedural safeguards or other legal conditions applicable to a particular decision continue to apply.

Section 135 addresses presumptions in prosecutions concerning orders under Sections 46, 47 or 48. Section 137 deals with forfeiture of a bond under Section 54(1). Section 138 addresses protection for police officers acting in good faith in pursuance of duty. These provisions address separate issues and should be read on their own terms.

Frequently asked questions

Does Section 136 cover temporary appointments?

Yes. It expressly covers an officer who succeeds temporarily or permanently to a vacant post, as well as an officer who holds charge of the post.

Can an officer holding charge exercise the powers of the vacant office?

Yes, insofar as the powers and duties are conferred or imposed by or under the Delhi Police Act on the office concerned, and subject to applicable legal conditions.

Does Section 136 independently confer powers under every other law?

No. Its wording concerns powers and duties conferred or imposed by or under the Delhi Police Act. Authority under another enactment must be considered under that enactment.

Official legal reference

For the statutory wording and legislative context, consult the Delhi Police Act, 1978 on India Code. The explanation above is informational and does not replace the statutory text or case-specific legal advice.

Article reviewed: 20 October 2026.