Section 140 Delhi Police Act - Bar to Suits and Prosecutions
Section 140 of the Delhi Police Act, 1978 prescribes a special limitation period for certain suits and prosecutions concerning acts performed under the colour of police duty or authority. It also establishes a sanction exception for prosecutions and notice requirements for civil suits.
Section 140: Statutory provision
The following is the text of Section 140, headed "Bar to suits and prosecutions", as reproduced in the official Delhi Police Act:
(1) In any case of alleged offence by a police officer or other person, or of a wrong alleged to have been done by such police officer or other person, by any act done under colour of duty or authority or in excess of any such duty or authority, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three months after the date of the act complained of:
Provided that any such prosecution against a police officer or other person may be entertained by the court, if instituted with the previous sanction of the Administrator, within one year from the date of the offence.
(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall give to the alleged wrongdoer not less than one month's notice of the intended suit with sufficient description of the wrong complained of, and if no such notice has been given before the institution of the suit, it shall be dismissed.
(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service and shall state what tender or amends, if any, has been made by the defendant and a copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.
Meaning and scope of Section 140
The expression "under colour of duty or authority" concerns conduct having a sufficient connection with an official function or a purported exercise of official power. Section 140 can extend to an act alleged to exceed authority, but it does not automatically protect every act merely because the accused is a police officer or was on duty.
The court must examine the nature of the alleged conduct and its connection with official duty. Conduct wholly unrelated to the discharge or purported discharge of official functions may fall outside the special bar. Section 140 is a procedural restriction; it does not declare every official act lawful or create an unrestricted immunity for wrongdoing.
Limitation periods and procedural requirements
| Requirement | Rule under Section 140 |
|---|---|
| Ordinary period for a covered suit or prosecution | Within three months after the act complained of. |
| Exception for prosecution | A covered prosecution may be entertained within one year from the offence if the Administrator's previous sanction is obtained. |
| Notice before a covered civil suit | At least one month's notice to the alleged wrongdoer, sufficiently describing the wrong. |
| Pleading and documents | The plaint must state the notice and service date, describe any tender or amends, and annex the notice with the required service endorsement or declaration. |
Important distinction: The one-year proviso concerns prosecutions, not an automatic extension of the time limit for civil suits. The one-month notice requirement does not by itself extend the three-month limitation period. The applicable dates and procedural rules must be evaluated together.
Section 140(1): Three-month bar and previous sanction
For an act falling within the section, a proceeding instituted after the three-month period faces the statutory bar. The proviso allows a prosecution within one year if previous sanction of the Administrator has been obtained. The wording requires previous sanction, not merely a later request for approval.
Section 140(2): One-month notice before suit
A person proposing a covered civil suit must serve notice on the alleged wrongdoer at least one month before institution. The notice must adequately identify the alleged wrong. Failure to give the prescribed notice attracts dismissal under the section.
Section 140(3): Statements and annexures in the plaint
The plaint must record the date of service, describe any tender or amends by the defendant, and attach the notice with an endorsement or declaration explaining when and how it was served.
Judicial interpretation of Section 140
Prof. Sumer Chand v. Union of India (1994) 1 SCC 64
The Supreme Court considered Section 140 in the context of a civil claim for malicious prosecution. It treated the Delhi Police Act as special legislation and applied its specific limitation period to acts done under colour of office, rather than the general limitation period claimed for the suit. The decision illustrates why the relationship between the alleged act and official duties is critical.
Paul George v. State of NCT of Delhi (2008)
The Supreme Court distinguished the officer's assigned duty of delivering an official message from the negligent act of crossing a road divider and causing an accident. The latter conduct was held not to fall within the colour of duty for Section 140, so the special three-month bar did not defeat the prosecution.
Sanjay Singh v. State (NCT of Delhi) (Delhi High Court, 22 July 2026)
The Delhi High Court reiterated that Section 140 is attracted where there is a reasonable nexus between the alleged act and official duty. On the dates before the court, the prosecution had been instituted within three months; the proviso requiring previous sanction for a later prosecution therefore did not arise. The court also distinguished Section 140 from the separate sanction framework under the former Code of Criminal Procedure.
Practical considerations for complainants and officers
- Identify the precise act complained of and the date on which it occurred.
- Determine whether the alleged conduct was under colour of duty, in excess of authority, or unrelated to official functions.
- For a civil suit, prepare and serve the required notice promptly and retain proof of delivery.
- For a prosecution proposed after three months, assess the proviso concerning previous sanction and the one-year outer period.
- Consider the applicable criminal procedure law and any independent sanction requirements; Section 140 does not replace every other statutory rule.
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 for the general criminal procedure framework from 1 July 2024, subject to applicable savings and transitional provisions. Section 140 remains a distinct special provision of the Delhi Police Act; its interaction with general criminal procedure depends on the proceeding and governing law.
Official legislation and reference materials
- Delhi Police Act, 1978 - official Act text (India Code PDF)
- Delhi Police - Acts and Rules
- India Code - central legislation database
- Supreme Court Reports - Paul George judgment (2008)
Legal information updated 20 October 2026. The applicability of Section 140 depends on the facts, the nature of the act, the date of institution and relevant judicial decisions. This article is general legal information, not case-specific advice.