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Delhi Police Act, 1978 | Section 143

Section 143 of the Delhi Police Act, 1978: Proof of Consent or Approval by a Competent Authority

Section 143 establishes how a signed written document may serve as sufficient evidence of the consent, approval, declaration, opinion or satisfaction of a competent authority when a requirement under the Delhi Police Act depends on it.

Text of Section 143

Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the competent authority, a written document signed by the competent authority, purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

Meaning and scope of Section 143

The provision is an evidentiary rule. Where an action, omission or legal validity under the Act depends on a competent authority's decision, a document signed by that authority and purporting to record the relevant decision is sufficient evidence of it.

The rule covers five kinds of official determinations: consent (agreement to an action), approval (formal acceptance or authorisation), declaration (a formal statement), opinion (an official assessment), and satisfaction (the authority's conclusion that relevant requirements are met).

What does Section 143 require?

  • A matter governed by the Act: the relevant consent or other determination must be one on which the Act makes an act, omission or its validity depend.
  • A competent authority: the document must come from the authority empowered for the relevant purpose under the Act and applicable rules or delegations.
  • A written document: the determination must be conveyed or set out in writing.
  • The authority's signature: the document must be signed by the competent authority.

The phrase sufficient evidence concerns proof of the stated official determination. It should not be read as making every underlying decision automatically lawful or preventing a court from considering a properly raised challenge to authenticity, jurisdiction or legal validity.

Practical illustration

Suppose a step under the Delhi Police Act requires approval from an identified competent authority. If a dispute arises about whether approval was given, a written approval bearing that authority's signature can be produced as evidence under Section 143. Whether the authority was legally empowered and whether other mandatory requirements were satisfied are distinct questions.

Section 141 addresses the conditions, signature and operation of licences and written permissions. Section 142 prescribes publication of public notices. Section 144 deals with stamped signatures on notices and related documents. These provisions address different formalities and should be read in their own contexts.

Frequently asked questions

Does Section 143 require a signed document?

Yes. Its express evidentiary mechanism is a written document signed by the competent authority and purporting to communicate the relevant determination.

Does Section 143 itself grant permission or a licence?

No. It provides a way to prove an official decision required under another provision of the Act; it does not independently create a licence or authorisation.

Does a signed document conclusively establish legality?

No. Section 143 says it is sufficient evidence of the stated consent or other determination. Questions about legal power, compliance with statutory conditions and authenticity may still matter.

Official legal references

Consult the India Code official legislation portal for the Delhi Police Act, 1978 (Act 34 of 1978), and the Delhi Police official website for relevant administrative information. Verify amendments and rules applicable to the specific decision.

Legal note: This article explains the provision in general terms. The current statutory text, applicable rules, delegation orders and facts of a particular matter govern its application.