Section 144 Delhi Police Act: Stamped Signatures on Notices and Licences
Section 144 explains when a facsimile signature stamped on a police licence, written permission, notice or other document is treated as the signature of the Commissioner of Police. It expressly excludes summonses, warrants and search warrants.
Section 144: Signature on notices, etc., may be stamped
Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act or by any rule or regulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
This is the wording reproduced in the source page. The applicable consolidated legislation and amendments should be checked against the official publication before relying on the text in proceedings.
Meaning and legal effect of Section 144
Facsimile signature means a reproduction of a person's signature, rather than a fresh handwritten signature on each document. Under Section 144, a stamped facsimile of the Commissioner of Police's signature is sufficient for the specific documents and circumstances covered by the provision.
The section is an administrative rule about the form of signature. It does not itself authorise the issue of a licence, notice or permission. The document must still be issued under a valid power, by the appropriate authority, and in compliance with any other applicable requirements.
Conditions for relying on the provision
- The document must be a licence, written permission, notice or another document required by the Act or rules or regulations made under it.
- That document must be one that is required to bear the signature of the Commissioner of Police.
- It must bear a stamped facsimile of the Commissioner's signature.
- It must not be a summons, warrant or search warrant.
For example, where a qualifying notice issued under the Act requires the Commissioner's signature, the notice is not improperly signed merely because the signature appears as a stamped facsimile rather than handwritten ink.
Summonses, warrants and search warrants are excluded
Section 144 expressly carves out summonses, warrants and search warrants. Their form, authentication and issuance must be assessed under the legal provisions governing those documents; Section 144 cannot be used on its own to validate a stamped signature on them.
The exclusion is important because these documents can engage compulsory attendance, arrest or search powers and may be subject to distinct procedural safeguards.
Does a stamped signature make every notice legally valid?
No. Section 144 addresses one specific issue: whether the Commissioner's signature may be represented by a stamped facsimile. It does not cure a lack of jurisdiction, an unlawful direction, an incorrect procedure, defective service or any other substantive legal defect. The validity of a particular document depends on the full statutory framework and its facts.
Similarly, the provision does not state that every electronically generated or digitally signed document is automatically covered. Questions about electronic records and electronic signatures require separate consideration under applicable law, including the Information Technology Act, 2000, where relevant.
Frequently asked questions
Can the Commissioner of Police use a signature stamp on a licence?
Yes, where the licence falls within Section 144 and is required to bear the Commissioner's signature, a stamped facsimile is treated as a proper signature for the purpose of that section.
Does Section 144 apply to a search warrant?
No. Search warrants, like summonses and warrants, are expressly excluded.
Is a stamped signature enough to establish the lawfulness of a police order?
No. The underlying legal authority and all other statutory requirements must still be satisfied.
Does this section cover signatures of every police officer?
No. The wording specifically addresses documents required to bear the signature of the Commissioner of Police.
Official legal references
- India Code - Delhi Police Act, 1978 (official PDF)
- India Code - legislation and amendments
- Delhi Police - official website
Legal information: This article explains the statutory provision for general reference. For a disputed notice, licence or police document, consult the latest official text, relevant rules and case law.
