Section 39 Delhi Police Act, 1978: Additional Police in Cases of Special Danger to Public Peace
Section 39 empowers the Administrator to notify a disturbed or dangerous area in Delhi for temporary deployment of additional police, and provides for recovery of deployment costs and individual exemptions.
Meaning and purpose of Section 39
Section 39 forms part of Chapter V, titled "Special Measures for Maintenance of Public Order and Security of State", of the Delhi Police Act, 1978 (Act 34 of 1978). It addresses circumstances in which additional police are considered necessary because an area is disturbed or dangerous, or because of the conduct of its inhabitants or a section or class of them.
Section 39: Statutory provisions explained
Section 39(1): Notification and deployment
The Administrator must form the statutory opinion and specify the affected area and duration in an Official Gazette notification. The Commissioner of Police then determines how many additional officers are necessary and deputes them. The Administrator may extend the specified period when necessary in the public interest.
Section 39(2): Recovery of additional police costs
Following the notification, the Administrator may direct the District Collector or another specified authority to recover all or part of the additional police costs from inhabitants generally or a particular section or class. The proportions are those directed by the Administrator; cost recovery is not automatic merely because police are deployed.
Section 39(3): Written exemption
The Administrator may exempt a person from any portion of the cost, but the exemption must be made by written order and supported by sufficient reasons.
Explanation: Who counts as an inhabitant?
For Sections 39 and 41, the term "inhabitants" extends beyond people physically residing in the area. It includes those occupying or holding land or other immovable property, directly or through agents or servants, and landlords collecting rent from holders or occupants of land, even if those landlords live elsewhere.
Text of Section 39
Sub-section (1): If in the opinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct of the inhabitants or of any particular section or the class of the inhabitants of such area renders it expedient to employ temporarily additional police in the area, he may, by notification in the Official Gazette, specify the area (hereafter in this section referred to as the disturbed area) in which, and the period for which, the additional police shall be employed and thereupon the Commissioner of Police shall depute such number of additional police officers as he considers necessary, in the disturbed area.
Proviso: The period so specified may be extended by the Administrator from time to time, if in his opinion it is necessary so to do in the interests of the public.
Sub-section (2): On the issue of a notification under sub-section (1), the Administrator may require the District Collector, or any other authority specified by the Administrator, to recover, whether in whole or in part, the cost of such additional police generally from all persons who are inhabitants of the disturbed area or specially from any particular section or class of such persons, and in such proportion as the Administrator may direct.
Sub-section (3): It shall be lawful for the Administrator to exempt, by order in writing, and for sufficient reasons, any person from liability to bear any portion of the cost of such additional police.
Explanation: In this section and in section 41, the expression "inhabitants", when used in relation to any disturbed area, includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupants of land in such area notwithstanding that they do not actually reside therein.
Practical implications
To understand whether Section 39 applies in a particular case, examine the Official Gazette notification, the defined geographical area, the specified period and any extension, the authority directed to recover costs, and the actual order allocating those costs. A person seeking exemption should consider the written-order mechanism under sub-section (3).
Related provisions include Section 38 (additional police on application), Section 41 (compensation for injury caused by unlawful assembly), Section 42 (disputes concerning costs or compensation), and Section 43 (recovery of amounts). Consult the official Act for the precise operation of these provisions.
Frequently asked questions
Who can declare an area disturbed for the purpose of Section 39?
The Administrator may specify the area and duration by notification in the Official Gazette when the statutory conditions are met.
Who deploys additional police under Section 39?
After the notification, the Commissioner of Police deputes the number of additional police officers considered necessary.
Who may have to pay for additional police?
The Administrator may direct recovery of all or part of the cost from inhabitants of the notified area or a specified section or class, in the proportions directed.
Can someone be exempted from paying?
Yes. The Administrator may exempt a person by written order for sufficient reasons.
Official legal reference
Read the Delhi Police Act, 1978 on India Code (official PDF). For a specific incident, also verify the applicable Gazette notification and any subsequent orders or amendments.