Delhi Police Act, 1978 | Section 34

Section 34 of Delhi Police Act, 1978: Maintenance of Order at Religious or Ceremonial Displays

Section 34 empowers the competent authority to issue reasonable directions when a dispute concerning a religious, ceremonial or corporate display, exhibition or organised assembly in a street or public place is likely to cause a grave disturbance of the peace.

At a glance: The power depends on an identifiable dispute and risk of grave disturbance; orders must be published locally and remain subject to orders of a court with jurisdiction.

Text of Section 34

The following reproduces the three sub-sections of Section 34 of the Delhi Police Act, 1978.

Section 34(1)

In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested and all persons concerned shall obey such orders.

Section 34(2)

Every such order shall be published in the locality or place wherein it is to operate.

Section 34(3)

Every order under sub-section (1) shall be subject to any judgment, decree, injunction or order made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the competent authority that such order is inconsistent with a judgment, decree, injunction or order of such court.

Meaning and scope of Section 34

The provision is a preventive public-order measure. It covers an actual or proposed religious, ceremonial or corporate display or exhibition, as well as an organised assemblage in a street or public place. Its focus is not the religious or ceremonial character of an event by itself, but a dispute concerning the event, its conduct or participation in it that is likely to result in a grave disturbance of the peace.

Who is the competent authority?

Under Section 2(c) of the Act, the term generally means the Commissioner of Police appointed under Section 6, or another police officer specially empowered for the relevant function by the Central Government. An officer does not acquire this specific power merely by holding any police rank.

What orders may be made?

Under Section 34(1), the competent authority may regulate how the persons concerned conduct themselves towards one another and the public. Directions must be necessary and reasonable in the circumstances and take account of apparent legal rights and established practices of the parties and interested persons. Those concerned are required to obey an order validly made under the provision.

How must an order be communicated?

Section 34(2) requires every such order to be published in the locality or place where it is to operate. This local-publication requirement is expressly stated in the Act.

What happens if a court order conflicts?

Section 34(3) makes an administrative order subject to any judgment, decree, injunction or order of a court having jurisdiction. Once the competent authority is shown that its order is inconsistent with such a court decision, the authority must rescind or alter the order accordingly.

Practical application

For example, where rival groups dispute participation or arrangements for a proposed ceremonial procession on a public street, and the dispute threatens a grave disturbance of peace, the competent authority may issue reasonable conduct directions. The authority must consider apparent legal rights and established practices, publish the order in the affected locality and respect any binding court direction.

Section 34 is not a general power to prohibit every religious gathering. Whether a particular direction is lawful depends on the statutory conditions, the authority issuing it, its reasonableness and the applicable court orders. Other provisions governing routes, traffic, assemblies and permissions may also apply.

Section 29 concerns police directions for processions, assemblies and public places; Section 33 concerns measures for preventing or suppressing riots or grave disturbances of peace; and Section 113 addresses penalties for contravention of specified orders, including those under Section 34. Any question of penalty should be assessed against the current text and the facts of the alleged contravention.

Official legal references

India Code - Delhi Police Act, 1978 (official Act PDF)

Delhi Police - Acts and Rules

Legal information updated 19 October 2026. This article explains the statutory provision and is not a substitute for advice on an individual dispute or for checking subsequent notifications and court decisions.