Section 146 Delhi Police Act: Powers of the Commissioner of Police Under Other Acts

Section 146 identifies when the Delhi Commissioner of Police exercises District Magistrate powers under other legislation, permits specified authorisation of senior police officers, and separately deals with the Sarais Act, 1867.

Full text of Section 146

The provision is reproduced from the Delhi Police Act, 1978 (Act 34 of 1978), India Code. Read Section 146 together with Schedule I and any applicable notifications or subsequent amendments.

What does Section 146 mean?

Section 146 creates a specific statutory arrangement for certain powers ordinarily exercised by a District Magistrate. It does not transfer every District Magistrate power under every law to the Commissioner of Police. Its principal transfer under subsection (1) is limited to the Acts named in Schedule I, including rules made under those Acts, and must be understood in light of the law currently in force.

Section 146(1): District Magistrate powers under Schedule I

Where an enactment is listed in Schedule I, the Commissioner of Police exercises the District Magistrate's powers and functions covered by the provision. The relevant Schedule I entry, the other enactment and its rules must be read together to identify the precise power, prerequisites and procedure.

Section 146(2): Authorisation of senior police officers

The Commissioner may authorise an Additional Commissioner of Police, Deputy Commissioner of Police or Additional Deputy Commissioner of Police to perform a power or function mentioned in subsection (1). This authorisation is subject to the Administrator's general or special orders. It is not an unrestricted power to delegate to any police officer.

Section 146(3): Separate treatment of the Sarais Act, 1867

For District Magistrate powers and functions under the Sarais Act, 1867 (Act 22 of 1867), subsection (3) specifies the Administrator or an officer authorised by the Administrator through an Official Gazette notification. This is a distinct arrangement from the Commissioner-led mechanism under subsection (1).

Important statutory terms

Commissioner of Police

The Commissioner of Police is the officer appointed under Section 6 of the Delhi Police Act, 1978. The powers in Section 146 arise from the specific statutory provisions, not simply from the title of the office.

District Magistrate

The District Magistrate is an executive magistrate whose functions depend on the particular statute. Section 146 concerns specified District Magistrate functions under the enactments in Schedule I; it does not generally replace the District Magistrate for all purposes.

Administrator

Section 2(a) of the Delhi Police Act defines "Administrator" by reference to the Administrator of Delhi appointed under Article 239 of the Constitution. Section 146(2) refers to the Administrator's orders, while subsection (3) requires a Gazette notification to authorise another officer for Sarais Act functions.

Schedule I

Schedule I is an integral part of the Act and identifies the other enactments to which Section 146(1) applies. For a particular licence, approval, direction or enforcement action, verify the applicable Schedule I entry and any changes in the underlying legislation.

How to check whether an action is authorised

1. Identify the specific other Act and rule under which the power is claimed.
2. Confirm that the Act is included in Schedule I, or that another valid legal provision independently confers the power.
3. Check whether the function is one assigned to the District Magistrate under that law.
4. If a senior officer other than the Commissioner acts, examine the authorisation and relevant Administrator's general or special orders.
5. For a Sarais Act matter, verify the Administrator's Gazette notification authorising the relevant officer.
6. Check whether later amendments, repeal, replacement legislation or judicial orders affect the power in question.

Important: The reference to an enactment in Schedule I should not be read as reviving an Act that has ceased to operate or as overriding later legislation. The current legal position depends on the applicable statute, amendments, savings provisions and notifications.

Related provisions of the Delhi Police Act

Section 145 provides a statutory procedure concerning challenges to certain rules or orders made by the Administrator. Section 147 concerns the Administrator's power to make rules under the Delhi Police Act. Section 148 addresses publication and legislative laying requirements for rules and regulations. These provisions serve different functions and should not be conflated with Section 146.

Frequently asked questions

Does the Commissioner of Police have every power of a District Magistrate in Delhi?

No. Section 146(1) refers to the District Magistrate powers and functions under the Acts listed in Schedule I and their rules. Other powers require their own legal basis.

Can a Deputy Commissioner of Police exercise these powers?

Section 146(2) permits the Commissioner to authorise a Deputy Commissioner of Police, subject to the Administrator's general or special orders. The actual authorisation and its scope must be checked.

Who exercises District Magistrate functions under the Sarais Act?

Under Section 146(3), the Administrator or an officer authorised by the Administrator through a notification in the Official Gazette, subject to the present legal status of the relevant enactment.

Is a Gazette notification always required for delegation under subsection (2)?

Subsection (2) speaks of authorisation by the Commissioner in accordance with the Administrator's general or special orders; subsection (3) expressly specifies a Gazette notification for Sarais Act authorisation. The requirements are not worded identically.

Official legal references

• India Code: Delhi Police Act, 1978 (full Act, including Schedule I)
• Delhi Police: Acts and Rules
• Ministry of Home Affairs: Notifications

Legal note: This page is general legal information. For an actual proceeding or administrative decision, consult the operative Act, Schedule I, relevant notifications and current judicial interpretation.