Section 38 Delhi Police Act, 1978: Employment of Additional Police to Keep Peace
Section 38 empowers the Commissioner of Police to depute additional police on a person's application for maintaining peace and order in Delhi. It also specifies who pays, how a deployment can be withdrawn, and how disputes over charges are decided.
Meaning and scope of Section 38
This provision falls within Chapter V of the Delhi Police Act, 1978, titled Special Measures for Maintenance of Public Order and Security of State. It creates an application-based arrangement for additional police deployment, rather than an automatic entitlement to police protection.
Explanation of Section 38(1) to 38(4)
Section 38(1): Power to depute additional police
On an application by any person, the Commissioner of Police may depute additional police at a place in Delhi to maintain peace, preserve order, enforce applicable legal provisions relating to particular classes of offences, or carry out other police duties.
Section 38(2): Applicant bears the cost
The applicant pays the cost, determined by the Commissioner under applicable rules. The additional police remain under police authorities' orders, and the Commissioner determines the period of deployment.
Section 38(3): Written request for withdrawal
The applicant may submit a written requisition to withdraw the additional police. Liability for their cost ends after a period fixed by the Commissioner, which cannot exceed one week from delivery of that requisition.
Section 38(4): Dispute about the amount
If the applicant disputes the cost, the Commissioner must, upon an application by the aggrieved party, refer the dispute to the District Collector. The statute states that the Collector's decision is final.
Text of Section 38
The following reproduces the four subsections of Section 38 of the Delhi Police Act, 1978.
(1) The Commissioner of Police may, on the application of any person, depute any additional number of police to keep the peace, to preserve order, to enforce any of the provisions of this Act or of any other law in respect of any particular class or classes of offences or to perform any other duties imposed on the police at any place in Delhi.
(2) Such additional police shall be employed at the cost (which shall be determined by the Commissioner of Police in accordance with the rules made in this behalf) of the person making the application, but shall be subject to the orders of the police authorities and shall be employed for such period as the Commissioner of Police considers necessary.
(3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the Commissioner of Police for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of the delivery of such requisition as the Commissioner of Police shall determine.
(4) Where there is any dispute as to the amount to be paid by way of cost, the Commissioner of Police shall, on an application made in that behalf by the aggrieved party, refer the matter to the District Collector, whose decision thereon shall be final.
Practical procedure and important safeguards
A person seeking additional police may submit a request describing the place, proposed duration, public-order purpose and any relevant circumstances. The Commissioner decides whether to depute personnel and for how long. The statute does not itself prescribe a universal application form, fixed fee or guaranteed processing period.
Before accepting deployment, an applicant should seek the applicable cost calculation and keep copies of the application, approval and payment records. To request withdrawal, submit a written requisition and retain proof of its delivery. Under Section 38(3), the Commissioner determines a period of up to one week after delivery at which cost liability ends.
Where the assessed cost is disputed, the aggrieved party may apply for reference to the District Collector under Section 38(4). The provision describes the Collector's decision as final; the effect of any other applicable legal remedies depends on the facts and governing law.
Related legal provisions
Section 39 concerns additional police in areas presenting special danger to public peace, while Section 40 concerns certain large works and apprehensions about employees' conduct. These provisions address different statutory circumstances from an applicant-requested deployment under Section 38.
For authoritative statutory wording, consult the Delhi Police Act, 1978 on India Code (official PDF) and the Delhi Police Acts and Rules page.
Frequently asked questions
Who can request additional police under Section 38?
Any person may apply to the Commissioner of Police. Deployment is discretionary and subject to the statutory purposes.
Who pays for additional police deployed on request?
The person making the application bears the cost determined by the Commissioner of Police in accordance with applicable rules.
How can the applicant stop paying for the deployment?
The applicant must make a written requisition for withdrawal. Cost liability ends after a period set by the Commissioner, not exceeding one week after delivery.
Who decides a dispute over deployment charges?
On an application by the aggrieved party, the Commissioner refers the matter to the District Collector, whose decision is stated to be final under Section 38(4).
Legal information updated 19 October 2026. The application of statutory provisions depends on the facts, applicable rules and official orders.