Section 32 Delhi Police Act: Power to Control Music, Sound and Noise
Section 32 authorises the Commissioner of Police to issue written directions concerning music, loudspeakers, other sound-producing devices and noisy activities where necessary to protect nearby residents, property occupiers or the public from disturbance or injury. The section also provides procedural safeguards and a mechanism to seek review of an order.
Section 32 - Statutory text
The following reproduces the provision contained in the uploaded webpage, arranged into separate paragraphs for easier reading.
(1) If the Commissioner of Police is satisfied from the report of an officer in charge of a Police Station, or other information received by him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, or risk of annoyance, disturbance, discomfort or injury, to the public or to any person who dwells, or occupies property, in the vicinity, he may, by written order, issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating-
(a) the incidence or continuance in any street, open space or any other premises of-
(i) any vocal or instrumental music;
(ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound; or
(iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volume as may cause disturbance to others, or
(b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attended with noise:
Provided that no directions shall be issued to any person under clause (b) without giving to such person an opportunity of being heard in the matter.
(2) The Commissioner of Police may, either on his own motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the Commissioner of Police shall afford to the applicant an opportunity of appearing, before him either in person or by counsel and showing cause against the order and shall, if he rejects any such application either wholly or in part, record the reasons for such rejection.
Meaning of Section 32 and its legal safeguards
1. When can the Commissioner issue directions?
Under subsection (1), the Commissioner must be satisfied, on a police-station officer's report or other information, that directions are necessary to prevent actual or potential annoyance, disturbance, discomfort or injury to the public or persons living in or occupying property nearby. The directions must be made by written order.
2. Music, instruments and loudspeakers - clause (a)
Clause (a) covers vocal and instrumental music, sound-producing or sound-reproducing instruments and equipment, and amplified music or other sound at a pitch or volume that may disturb others. It can apply to streets, open spaces and other premises. The scope of an order depends on its wording and the legal conditions for its issue.
3. Noisy trades and operations - clause (b)
Clause (b) covers a trade, avocation or operation carried on at premises that results in or is accompanied by noise. The affected person must have an opportunity to be heard before directions are issued under this clause. This safeguard is expressly stated in the proviso to subsection (1).
4. Review or modification - subsection (2)
The Commissioner may rescind, modify or alter a direction either independently or upon an application by an aggrieved person. Before deciding an application, the Commissioner must allow the applicant to appear personally or through counsel and explain the objection. If the application is rejected wholly or partly, the reasons for rejection must be recorded.
How Section 32 relates to other noise-control laws
Section 32 operates alongside other applicable legal requirements, including the Noise Pollution (Regulation and Control) Rules, 2000, made under the Environment (Protection) Act, 1986. Those rules separately address ambient noise standards, use of loudspeakers and public-address systems, and restrictions during specified night-time hours, subject to applicable exceptions and permissions. Compliance with one regime does not automatically dispense with requirements under another.
For the current position on permissions, exceptions and any area-specific restrictions, consult the applicable rules and the latest orders or notifications issued by the competent authorities rather than assuming that every location has identical conditions.
Practical guidance for residents and organisers
If sound from an event, establishment or activity is causing disturbance, record the location, date, duration and nature of the noise, and report it to the appropriate police or pollution-control authority. An event organiser or business receiving a Section 32 order should obtain a copy, read its specific directions, and assess whether an application under subsection (2) is appropriate. A person affected by a proposed direction under clause (b) should be given the hearing required by the statute.
Frequently asked questions
What does Section 32 of the Delhi Police Act regulate?
It empowers the Commissioner of Police to issue written directions to prevent, prohibit, control or regulate specified music, sound, loudspeakers and noisy trades where the statutory conditions are met.
Can police restrict a noisy business without a hearing?
Section 32(1) expressly requires an opportunity of being heard before directions under clause (b), concerning a trade, avocation or operation attended with noise.
Can a person challenge a noise-control order?
Under Section 32(2), an aggrieved person may apply to the Commissioner of Police for rescission, modification or alteration. The applicant must be given an opportunity to appear personally or through counsel; reasons must be recorded for rejection.
Official legal sources and related provisions
Consult the Delhi Police Act, 1978 (India Code PDF), the Delhi Police Acts and Rules portal, and the Ministry of Environment, Forest and Climate Change for relevant environmental legislation and notifications.
Related reading: Section 31 - Public amusement and assemblies and Section 33 - Prevention of riot.
This article explains the provision generally. The statutory text, applicable notifications and the facts of a particular case govern.