Section 45 Delhi Police Act: Recovery of Amounts Payable under Sections 39 and 41
Section 45 establishes a special route for recovering certain public-order policing costs and compensation under the Delhi Police Act, 1978. It supplements, rather than replaces, the land-revenue recovery mechanism in Section 43.
Text of Section 45
Without prejudice to the provisions contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), as if each such amount were a fine imposed on an offender by a court.
The statutory wording above is retained as published in the official Delhi Police Act, 1978 (India Code PDF).
Meaning and scope of Section 45
1. What sums can be recovered?
Section 39 concerns deployment of additional police in an area where a special danger to public peace warrants such measures. Section 41 concerns compensation associated with specified loss, damage, death or grievous hurt caused in furtherance of the common object of an unlawful assembly. Section 45 applies to amounts payable under either of these provisions.
2. Meaning of "without prejudice to Section 43"
The opening words preserve the separate remedy in Section 43, under which amounts payable under Sections 38 to 41 may be recovered as arrears of land revenue. Section 45 adds a fine-recovery procedure for Sections 39 and 41; it does not extinguish Section 43.
3. Meaning of "as if ... a fine imposed ... by a court"
This is a statutory legal fiction for the method of recovery. It does not, by itself, mean that every person liable under Section 39 or 41 has been convicted of a criminal offence. The sum is recoverable by the prescribed fine-enforcement procedure.
CrPC Sections 421 and 422: recovery procedure
The original cross-reference in Section 45 is to the Code of Criminal Procedure, 1973 (CrPC):
- Section 421 - Warrant for levy of fine: provides for recovery through a warrant for attachment and sale of movable property or a warrant to the Collector to realise the amount as an arrear of land revenue, subject to the statutory conditions.
- Section 422 - Effect of such warrant: addresses execution of the warrant, including attachment and sale of property outside the issuing court's local jurisdiction when properly endorsed.
Position under the Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC as the principal criminal procedure law from 1 July 2024, subject to applicable savings and transitional provisions. Its corresponding provisions are Section 461 (warrant for levy of fine) and Section 462 (effect of such warrant). The Delhi Police Act's Section 45, as published in the official text consulted, still expressly refers to CrPC Sections 421 and 422; that wording should not be silently rewritten.
For the current procedural framework, consult the BNSS, 2023 (official Bureau of Police Research and Development PDF). The precise application of the newer procedural provisions to a particular recovery action may depend on statutory interpretation, commencement and savings rules.
Practical implications
- Check the source of liability: identify whether the amount arises under Section 39 or Section 41 and examine the underlying notification, determination or demand.
- Check the amount and responsible persons: the basis and allocation of costs or compensation may be relevant to a dispute under Section 42.
- Distinguish recovery from compensation distribution: Section 44 separately governs payment of compensation out of sums recovered under Section 41, including a 45-day claim condition.
- Verify current procedure: before acting on a warrant or demand, check the operative law, relevant orders and any applicable procedural safeguards.
Frequently asked questions
What does Section 45 of the Delhi Police Act provide?
It provides an additional recovery mechanism for amounts payable under Sections 39 and 41, using the procedure for recovery of a criminal fine.
Does Section 45 replace Section 43?
No. The words "without prejudice" preserve the recovery mechanism under Section 43, which treats the sums as recoverable like arrears of land revenue.
Which provisions replace CrPC Sections 421 and 422?
The corresponding provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 are Sections 461 and 462. Section 45 itself still expressly cites the 1973 Code in the verified statutory text.
Does Section 45 cover amounts under Section 40?
Not directly. Section 45 expressly names Sections 39 and 41; Section 43 separately covers Sections 38, 39, 40 and 41.