Delhi Police Act, 1978 | Act 34 of 1978
Section 142 of the Delhi Police Act, 1978: How Public Notices Must Be Given
Section 142 establishes the form and methods of publication for public notifications, notices, orders and proclamations issued under the Delhi Police Act, 1978. It is concerned with how the public in an affected locality is informed of a statutory direction.
Text of Section 142 - Public notices how to be given
Any notification which may be publicly promulgated, public notice required to be given, order required to be notified publicly or proclamation required to be issued under any of the provisions of this Act shall be in writing, under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising, the same in such local newspapers in Hindi, Urdu and English, as the competent authority may deem fit, or by any two or more of these means and by any other means it may think suitable.
Source: Delhi Police Act, 1978 (India Code, official PDF). The text above reproduces the provision from the original page.
Meaning and scope of Section 142
The section applies when a provision of the Act requires a notification to be publicly promulgated, a public notice to be given, an order to be publicly notified, or a proclamation to be issued. Its function is procedural: it identifies how the competent authority communicates the instrument to the locality affected.
1. Written instrument and competent authority
The notification, notice, order or proclamation must be in writing and bear the signature of a competent authority. In this context, competent authority means the official or body legally empowered to issue the particular instrument under the Act. The precise authority depends on the underlying provision and any applicable delegation.
2. Publication in the affected locality
Publication must be directed to the locality affected by the measure. Section 142 lists several permitted means; the choice depends on the competent authority's assessment and the statutory circumstances.
- Affixing copies: displaying the written instrument at conspicuous public places in the affected area.
- Public proclamation: announcing it with the beat of drums.
- Local newspapers: advertising in such Hindi, Urdu and English local newspapers as the competent authority considers fit.
- Combined or other suitable methods: using two or more of the listed methods and any other means the authority considers suitable.
The section does not make newspaper publication in all three languages mandatory in every case. Nor does it require every listed method to be used together. Its wording gives the competent authority a choice among the specified and other suitable means, subject to the requirements of the particular statutory action.
3. Does online publication alone satisfy the law?
Section 142 predates modern electronic communication and does not expressly name websites or social media. Its reference to other suitable means may be relevant to electronic publication, but whether an online posting alone is sufficient depends on the governing provision, applicable rules and the facts. Authorities should not assume that uploading a document replaces a separately required form of notice.
Practical checklist for valid public notice
- Identify the provision authorising the notice, order or proclamation.
- Confirm the issuing official's legal competence and any delegation.
- Prepare the notice in writing and obtain the required signature.
- Clearly identify the affected area, operative directions and relevant dates.
- Select publication methods appropriate for reaching people in that locality.
- Keep records of posting, proclamation, newspaper publication or other dissemination, including dates and supporting evidence.
This checklist is a practical aid, not a separate set of statutory conditions. The legal requirements remain those of Section 142 and the particular enabling provision.
Related legal provisions
Section 141 deals with licences and written permissions, including conditions and signatures. Section 143 concerns proof of consent, approval and related decisions of a competent authority. Section 144 addresses stamped signatures on notices and related instruments. Section 148 separately governs Gazette notification and laying requirements for rules and regulations. These provisions should be read together where relevant.
Frequently asked questions
Must a notice under Section 142 be signed?
Yes. The section requires the instrument to be in writing under the signature of a competent authority, subject to the Act's other applicable provisions, including Section 144.
Can a public notice be displayed in public places?
Yes. Affixing copies in conspicuous public places in the affected locality is one expressly recognised method.
Is publication in a newspaper always compulsory?
No. Newspaper advertising is one of the alternative methods identified by the section; whether it is needed in a particular case must be assessed in light of the governing legal requirements.
Where can I find the official legislation?
Read the official India Code PDF or visit the Delhi Police Acts and Rules page.