Section 33 of the Delhi Police Act, 1978: Orders to Prevent Riots
Section 33 authorises the Commissioner of Police to temporarily close or take possession of a building or other place to prevent or suppress a riot or grave disturbance of peace. It also provides for compensation in specified circumstances and a mechanism to resolve compensation disputes.
Section 33: Issue of order of prevention of riot, etc.
The following reproduces the three sub-sections of Section 33 of the Delhi Police Act, 1978.
Sub-section (1): Temporary closure, possession and access restrictions
(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner of Police may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the Commissioner of Police may make and notify in exercise of his powers under this section.
Sub-section (2): Compensation for loss or injury
(2) If the lawful occupant of such building or place suffers any loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on an application made therefor to the competent authority within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such competent authority rendered necessary either by the use to which such building or place was put, or intended to be put, or by the misconduct of persons having access thereto.
Sub-section (3): Reference of compensation disputes
(3) In the event of any dispute in relation to the amount of compensation payable under sub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by the competent authority to the District Collector whose decision thereon shall be final.
What powers does Section 33 give the Commissioner of Police?
Under Section 33(1), where the purpose is to prevent or suppress a riot or a grave disturbance of peace, the Commissioner of Police may temporarily close a building or other place, take possession of it, exclude some or all persons, or allow entry only to specified persons subject to conditions. Persons concerned must comply with orders made and notified under the section.
The provision is directed at public-order emergencies. It does not, by itself, authorise permanent acquisition of property. Whether a particular order is lawful depends on the statutory conditions, its purpose and the facts of the case.
When can a lawful occupant claim compensation?
Section 33(2) provides a right to reasonable compensation where a lawful occupant suffers loss or injury because of action under sub-section (1), provided the application is made to the competent authority within one month of the action.
Statutory exception: Compensation is not payable where, in the competent authority's opinion, the action was made necessary by the actual or intended use of the building or place, or by misconduct of persons having access to it. Accordingly, compensation is not automatic in every case.
Who decides disputes about compensation?
Under Section 33(3), where there is a dispute over the amount payable or the person entitled to receive it, the competent authority must refer the matter to the District Collector. The section states that the District Collector's decision on the referred matter is final. That wording should not be read as excluding any constitutional judicial-review jurisdiction that may otherwise be available.
Important definitions under the Act
Competent authority: Section 2(c) defines this, for powers or duties under the Act, as the Commissioner of Police appointed under Section 6 or another police officer specially empowered by the Central Government for that purpose.
Place: Section 2(j) includes a building, tent, booth or other permanent or temporary erection, as well as an enclosed or open area. The power under Section 33 is therefore not necessarily confined to conventional buildings.
Commissioner of Police: Section 6 deals with appointment of the Commissioner of Police. Section 33 expressly assigns the temporary public-order power to that office.
Practical steps after an order under Section 33
- Obtain and retain a copy of the order or notification, if available, and record when action was taken.
- Preserve evidence of lawful occupation and any loss or injury, such as tenancy documents, photographs, invoices and business records.
- If seeking compensation, submit a documented application to the competent authority within the statutory one-month period.
- If the compensation amount or recipient is disputed, request the statutory reference to the District Collector under Section 33(3).
- For an urgent challenge to an order or a contested decision, obtain advice on the appropriate legal remedy and applicable time limits.
This practical guidance is explanatory; it does not replace the wording of the Act or case-specific legal advice.
Official text and further reading
Read the Delhi Police Act, 1978 (official India Code PDF) and the Delhi Police Acts and Rules page. The Act should be consulted together with any applicable amendments, notifications and judicial decisions.
Legal information reviewed: 19 October 2026. This article explains the statutory framework and is not legal advice.