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Section 2 of the Delhi Police Act, 1978 - Definitions

Section 2 of the Delhi Police Act, 1978 (Act 34 of 1978) explains the statutory meaning of important terms used throughout the Act. These definitions guide the interpretation of police powers, public places, establishments and administrative authorities in Delhi.

Scope: The opening words, "unless the context otherwise requires," mean that the statutory definitions generally apply throughout the Act, subject to the context of a particular provision.

Complete text of Section 2 - Definitions

In this Act, unless the context otherwise requires,-

(a) "Administrator" means the Administrator of Delhi appointed under article 239 of the Constitution;

(b) "cattle" includes elephants, camels, horses, asses, mules, sheep, goats and swine;

(c) "competent authority", when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the Commissioner of Police appointed under section 6 or any other police officer specially empowered in that behalf by the Central Government;

(d) "constable" means a police officer of the lowest grade;

(e) "Corporation" means the Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act, 1957 (66 of 1957);

(f) "Delhi" means the Union territory of Delhi;

(g) "Delhi police" or "police force" means the police force referred to in section 3 and includes-

(i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police officers appointed under section 18; and

(ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi;

(h) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning, or having any interest in, or managing, such place and includes-

(i) a refreshment room, boarding house or coffee house, or

(ii) a shop where any kind of food or drink is supplied to the public for consumption in or near such shop,

but does not include a place of public entertainment;

(i) "municipality" means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or in any part of Delhi;

(j) "place" includes-

(i) any building, tent, booth or other erection, whether permanent or temporary; and

(ii) any area, whether enclosed or open;

(k) "place of public amusement" means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;

(l) "place of public entertainment" means a lodging house, boarding and lodging house or residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place;

(m) "police officer" means any member of the Delhi police;

(n) "prescribed" means prescribed by rules;

(o) "public place" means any place to which the public have access, whether as of right or not, and includes-

(i) a public building and monument and precincts thereof; and

(ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation;

(p) "regulations" means regulations made under this Act;

(q) "rules" means rules made under this Act;

(r) "street" includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare;

(s) "subordinate ranks" means members of the police force of and below the rank of the Inspector;

(t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane.

Understanding the key definitions

Administrator and competent authority

Clause (a) connects the Administrator to Article 239 of the Constitution of India. Clause (c) identifies the Commissioner of Police appointed under Section 6, or another police officer specially empowered by the Central Government, as the competent authority for the relevant powers or duties.

Delhi Police and police officers

Clause (g) defines the Delhi police by reference to Section 3 and expressly includes special police officers appointed under Section 17(1), additional police officers under Section 18 and other persons exercising police functions in Delhi. Clause (m) defines a police officer as a member of the Delhi police; clause (s) identifies subordinate ranks as Inspector and below.

Eating houses, public amusement and entertainment

Clauses (h), (k) and (l) distinguish eating houses, places of public amusement and places of public entertainment. The precise category matters when applying licensing, regulation or enforcement provisions. The statutory definition of an eating house expressly excludes a place of public entertainment.

Public places, streets and vehicles

Clause (o) covers places accessible to the public even where access is not a legal right. Clause (r) broadly covers roads, lanes, bridges, footways and other publicly accessible passages. Clause (t) includes motor vehicles, bicycles, rickshaws, vessels and aeroplanes within the meaning of vehicle.

Historical institutional names

The statutory text refers to the Municipal Corporation of Delhi and the New Delhi Municipal Committee. These references should be read with applicable later legislation, institutional changes and any relevant saving or interpretation provisions; they should not be silently rewritten in a reproduction of Section 2.

Official legislation and further reading

Consult the Delhi Police Act, 1978 on India Code (official PDF) and the Delhi Police Acts and Rules page for primary legislative references. Related provisions include Section 1 - Short title, extent and commencement and Section 3 - One police force for Delhi.

Frequently asked questions

What does Section 2 of the Delhi Police Act cover?

It defines the terms used in the Act, including Administrator, competent authority, police officer, public place, street, eating house and vehicle.

Does public place require unrestricted public access?

No. Clause (o) expressly includes places to which the public have access whether as of right or not. The application to any particular location depends on its circumstances and the relevant provision.

Legal information only. For a particular dispute or licensing issue, check the current legislation, notifications and applicable judicial decisions.