Delhi Police Act, 1978 | Section 26
Section 26 of the Delhi Police Act, 1978: Return of Certificate, Arms and Equipment on Leaving Police Service
Section 26 requires a person who ceases to be a police officer to return official appointment credentials, arms, clothing and other duty-related equipment. It also provides a warrant-based recovery mechanism and an exception for articles that have lawfully become personal property.
Section 26: Certificate, arms, etc., to be delivered by person ceasing to be a police officer
The following reproduces the wording of Section 26 in the supplied statutory text, including its historical reference to the Code of Criminal Procedure, 1973.
(1) Every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office.
(2)(a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found, any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1).
(2)(b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Nothing in this section shall apply in relation to any article which under the orders of the Commissioner of Police has become the property of the person to whom the same was provided.
Meaning and scope of Section 26
The provision concerns official property issued for police duties, not every object that an officer happens to possess. The expression ceases to be a police officer is deliberately broad: the duty to return property is not limited to voluntary resignation. It can arise whenever police service or status ends, subject to the facts and applicable service orders.
What must be returned?
- Certificate of appointment: the official document evidencing appointment as a police officer.
- Arms: weapons issued for performance of official duties.
- Accoutrements: equipment and accessories forming part of official police kit.
- Clothing and other accessories: uniforms and other duty-related items provided to the officer.
Forthwith indicates that the statutory obligation arises without avoidable delay. Section 26(1) requires delivery to an officer authorized to receive the items; handing equipment to an unauthorized person may not satisfy the statutory requirement.
Section 26(2): Warrant to search for and seize unreturned property
If covered articles are not delivered, Section 26(2)(a) permits a Metropolitan Magistrate, or specified senior police authorities, to issue a warrant to search for and seize them wherever found. For a warrant issued by a specified police authority, special reasons must be recorded in writing at the time. The text distinguishes this express requirement from the Metropolitan Magistrate's power.
Under Section 26(2)(b), a police officer ordinarily executes the warrant. The issuing authority may direct another person to execute it, subject to the statutory procedure governing search warrants. The power is directed at recovery of the specified articles; it is not an unrestricted authority to search for unrelated property.
Section 26(3): Property that need not be returned
The return requirement does not extend to an article that, under an order of the Commissioner of Police, has become the personal property of the recipient. Whether this exception applies depends on the relevant order and evidence of ownership, not merely on long use or possession.
Related legal provisions
Section 25 of the Delhi Police Act addresses resignation by subordinate-rank officers and includes surrender of official property as a condition for withdrawal from duty. Section 21 deals with disciplinary powers, while Section 23 addresses appeals from specified punishments. These provisions perform different functions and should not be treated as interchangeable.
Current criminal-procedure context: Section 26(2)(b) expressly names the Code of Criminal Procedure, 1973, as enacted. The Bharatiya Nagarik Suraksha Sanhita, 2023 generally replaced that Code with effect from 1 July 2024, subject to applicable savings and transitional rules. The treatment of this statutory cross-reference and the procedure applicable to a particular warrant should be checked against the current legislation and circumstances; the historical wording above has not been silently rewritten.
Frequently asked questions
Does Section 26 apply only when an officer resigns?
No. Its language covers a person who ceases to be a police officer for any reason, rather than only resignation.
Can police authorities recover an unreturned service weapon?
Section 26(2) provides a warrant-based mechanism for searching for and seizing covered official arms and other specified articles not delivered under subsection (1), subject to its requirements.
Can an officer keep an issued article after leaving service?
Only if the article falls outside the return obligation, including where an order of the Commissioner of Police has made it the officer's property under subsection (3).
Is every search under Section 26 automatically lawful?
No. The warrant must come from an authorized authority and comply with the statutory conditions and applicable search-warrant procedure.
Official legislation and reference materials
- India Code - official central legislation database (search for the Delhi Police Act, 1978, Act 34 of 1978, Section 26).
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (consult commencement and repeal/savings provisions when interpreting procedural references).
- Delhi Police - official website (administrative information and departmental publications).
This article explains the statutory provision for general information. Official consolidated legislation, amendments, notifications and applicable judicial decisions govern any specific dispute.