Section 137 of the Delhi Police Act, 1978: Forfeiture of Bond
Section 137 provides for forfeiture of a bond when a person allowed to return temporarily to an area under Section 54(1) fails to comply with the permission conditions or the bond.
Text of Section 137
Forfeiture of bond entered into by person under sub-section (1) of section 54.
If any person permitted to enter or return to the area from which he was directed to remove himself under sub-section (1) of section 54, fails to observe any condition imposed under that sub-section or by the bond executed by him thereunder, his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid.
Source: Official text of the Delhi Police Act, 1978 (India Code, PDF).
Meaning and scope of Section 137
The provision concerns a person previously directed to leave an area under the Delhi Police Act, but later given conditional temporary permission to enter or return. A bond may be required as security for compliance. If the person violates the applicable conditions, Section 137 provides for forfeiture and a monetary penalty under that bond, subject to an opportunity to show cause before the court.
Key legal terms
- Bond: A written undertaking to comply with stated conditions, potentially backed by a surety.
- Forfeiture: Loss of the bond security or liability to its stipulated penalty because of non-compliance.
- Person bound by the bond: The person who has undertaken liability under its terms, which may include a surety where one was furnished.
- Show cause: An opportunity to explain to the court why the bond penalty should not be recovered.
Connection with Section 54 of the Delhi Police Act
Section 54(1) authorises the Commissioner of Police, or another police officer specially empowered by the Administrator, to grant written temporary permission to a person subject to an order under Section 46, 47 or 48 to return to Delhi or the relevant excluded area. Permission may specify a period and conditions and may require a bond with or without surety.
Under Section 54(2), the Commissioner of Police may revoke that permission. Section 54(3) requires compliance with the conditions and departure when permission expires or is revoked. Section 54(4) permits arrest and removal in police custody in the circumstances specified there. These consequences are distinct from the bond-forfeiture mechanism in Section 137.
Read the official Act on India Code to locate the complete text of Section 54 and the related removal provisions.
When can a bond be forfeited?
- A valid temporary permission to enter or return was granted under Section 54(1).
- One or more conditions of that permission or the executed bond were not observed.
- The bond contains an enforceable obligation binding the relevant person or surety.
- The court considers the claimed breach and the explanation offered for why the penalty should not be paid.
Section 137 states that the bond shall be forfeited on the relevant breach, but it also expressly permits a person bound by the bond to show cause to the satisfaction of the court. The amount payable depends on the terms of the bond and the applicable legal process; Section 137 itself does not prescribe a fixed rupee penalty.
Practical example
Suppose a person directed to leave a specified part of Delhi receives written permission to return for a limited period, subject to reporting and departure conditions, and executes a bond. If that person breaches a condition, the bond may become liable to forfeiture under Section 137. A person bound by the bond may be called upon to pay its penalty or explain to the court why payment should not be ordered.
Frequently asked questions
Does Section 137 apply to every type of bail bond?
No. It specifically addresses a bond executed in connection with temporary permission under Section 54(1) of the Delhi Police Act. Other bonds may be governed by different statutory provisions.
Is the penalty automatic without a court hearing?
The section provides for forfeiture upon breach, but expressly allows a person bound by the bond to show cause before the court against payment of the penalty.
Can a surety be affected?
Yes. Where a surety is bound by the executed bond, the statutory reference to any person bound thereby may extend to that surety, subject to the bond terms and the court's consideration.
Is there a fixed fine under Section 137?
No fixed fine is specified in Section 137. The relevant amount is the penalty attached to the bond.
Official legal references
Legal note: This article explains the statutory provision for general information. The validity of an order, the conditions of a bond, the alleged breach and any liability must be assessed from the actual documents and applicable law.