Section 152 of the Delhi Police Act, 1978: Repeal and Saving

Section 152 repeals the Delhi Police Ordinance, 1978 while preserving actions already taken under that Ordinance by treating them as actions under the corresponding provisions of the Delhi Police Act, 1978.

Text of Section 152 - Repeal and saving

Source: India Code - Delhi Police Act, 1978 (official text, PDF).

Meaning and legal effect of Section 152

Subsection (1): Repeal of the 1978 Ordinance

The term repeal means the formal withdrawal of a legislative instrument. Section 152(1) expressly repealed the Delhi Police Ordinance, 1978 (Ordinance No. 2 of 1978), the earlier legal instrument governing the transition to the Act.

Subsection (2): Saving of previous actions

A saving provision preserves specified legal consequences despite repeal. Under Section 152(2), an act performed or action taken under the repealed Ordinance is legally treated as having been done or taken under the corresponding provision of the Delhi Police Act, 1978. This continuity prevents an action from losing its legal foundation merely because the Ordinance was repealed.

The words "notwithstanding such repeal" establish that the saving operates despite the repeal in subsection (1). The expression "corresponding provisions" refers to provisions of the Act dealing with the same relevant legal power or subject matter; it does not automatically validate an action that was otherwise unlawful.

Historical context and commencement

The Delhi Police Act, 1978 is Central Act No. 34 of 1978. Under Section 1(3), the Act is deemed to have come into force on 1 July 1978. Section 152 is a transitional provision dealing with the replacement of the Delhi Police Ordinance, 1978. Its repeal took effect as part of that legislative transition; it is not a new repeal of the Delhi Police Act itself.

Relationship with Sections 149, 150 and 151

Section 149 deals with cessation of specified earlier enactments and savings. Section 150 provides continuity for the existing Delhi police force and certain proceedings. Section 151 provided a time-limited power to address transitional difficulties. Section 152 specifically repeals the Ordinance and saves acts and actions under it.

Practical significance

When considering an appointment, delegation, order or other official action originally made under the Delhi Police Ordinance, 1978, the relevant question is whether a corresponding provision of the Act supports its continued treatment under Section 152(2). The saving clause supplies continuity; other applicable requirements and any judicial ruling must also be considered.

For example, the Delhi High Court considered the saving effect of Section 152 in Hari Ram v. Commissioner of Police, Delhi (23 March 1979), including orders made under the earlier Ordinance. This is a historical illustration, not a statement that every earlier action is immune from challenge.

Official law and further reading

Consult the official India Code text of the Delhi Police Act, 1978 and the Delhi Police Acts and Rules page. For the historical decision, see Hari Ram v. Commissioner of Police, Delhi.