Section 36 of the Delhi Police Act, 1978: Reservation of Streets and Police Barriers
Section 36 empowers the Commissioner of Police to temporarily reserve streets or other public places for public purposes and to authorise police officers to erect barriers for temporary vehicle checks.
Text of Section 36: Power to reserve street or other public place for public purpose and power to authorise erecting of barriers in streets
(1) The Commissioner of Police may, by public notice, temporarily reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified by him.
(2) The Commissioner of Police may, whenever in his opinion such action is necessary,—
(a) authorise such police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or the person in charge of such vehicle; and
(b) make such orders as he deems fit for regulating the use of such barriers.
Statutory text reproduced for reference. Consult the official Act and applicable notifications for authoritative legal use.
Meaning and scope of Section 36
Section 36(1): Temporary reservation of streets and public places
Under sub-section (1), the Commissioner of Police may reserve a street or another public place temporarily for a public purpose. The power must be exercised by public notice. The Commissioner may prohibit entry into the reserved area or permit entry subject to specified conditions.
In this context, public notice means notice made public in accordance with the Act's applicable requirements. Temporary reservation means setting aside the identified place for a limited period, rather than permanently transferring ownership or changing its legal character.
Section 36(2)(a): Authorisation to erect police barriers
The Commissioner may authorise a police officer considered suitable to erect barriers on a street when, in the Commissioner's opinion, such action is necessary. The stated statutory purpose is to stop vehicles temporarily to check whether an applicable law has been contravened in relation to a vehicle, its driver or the person in charge.
This provision does not, by itself, set out a general power of arrest, search or seizure. Any such additional action must have an independent lawful basis and satisfy the conditions of the relevant law.
Section 36(2)(b): Regulation of barriers
The Commissioner may issue orders considered appropriate for regulating the use of barriers. This is a power concerning how authorised barriers are used, separate from the power to reserve a public place under sub-section (1).
Practical application of Section 36
Section 36 may be relevant where a street or public area is temporarily reserved for a public purpose, or where authorised officers operate vehicle-checking barriers. Its application depends on the actual public notice, authorisation or order and the facts of the situation.
What should members of the public check?
- For a reserved public area, identify the public notice and any conditions governing entry.
- For a police barrier, distinguish a temporary vehicle check under Section 36(2) from other police powers exercised under separate legislation.
- Follow lawful traffic directions and ask the relevant authority for clarification if a restriction or checkpoint is unclear.
Section 36 does not prescribe a universal duration for every reservation or barrier. The applicable notice, order and other laws may be relevant in an individual case.
Frequently asked questions
Who can reserve a street under Section 36?
The Commissioner of Police may temporarily reserve a street or other public place for a public purpose by public notice, subject to the wording of Section 36(1).
Can entry into a reserved area be restricted?
Yes. The Commissioner may prohibit entry, except on conditions specified in the public notice.
Can police install barriers to check vehicles?
Section 36(2) permits the Commissioner to authorise suitable police officers to erect barriers for temporarily stopping vehicles to check compliance with applicable laws, and to regulate the use of those barriers.
Does Section 36 itself authorise vehicle searches?
The section expressly addresses temporary stopping of vehicles and barriers. Any search must be justified under the applicable legal provisions; Section 36 should not be read as an unrestricted search power.
Official legal source and related provisions
Read the Delhi Police Act, 1978 (official India Code PDF), including Section 36 and the surrounding provisions. For the applicable legal position in a particular matter, also check subsequent amendments, notifications and judicial decisions.
Related topics include Section 35 (special measures at fairs) and Section 37 (regulation of disposal of the dead).
Disclaimer: This article is general legal information and is not a substitute for advice on the facts of a particular case.