Section 47 Delhi Police Act: Removal of Persons About to Commit Offences
Section 47 empowers the Commissioner of Police to issue preventive directions concerning a person whose conduct satisfies the grounds laid down in the Act, including directions regulating conduct or requiring removal from Delhi or a specified part of Delhi.
Section 47: Statutory text
The following provision retains the wording of Section 47 as reproduced in the supplied page and the official Delhi Police Act publication.
47. Removal of persons about to commit offences. Whenever it appears to the Commissioner of Police-
(a) that the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property; or
(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860) or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence; or
(c) that such person-
- is so desperate and dangerous as to render his being at large in Delhi or in any part thereof hazardous to the community; or
- has been found habitually intimidating other persons by acts of violence or by show of force; or
- habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others; or
- has been habitually passing indecent remarks on women and girls, or teasing them by overtures;
and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, the Commissioner of Police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or part thereof, as the case may be, from which he was directed to remove himself.
Explanation. A person who during a period within one year immediately preceding the commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act.
Understanding the legal grounds
Clause (a): Alarm, danger or harm
This ground addresses movements or acts causing, or likely to cause, alarm, danger or harm to a person or property. The statutory wording concerns conduct and anticipated consequences, not merely a person's reputation.
Clause (b): Anticipated offences
The Commissioner must have reasonable grounds to believe the person is engaged, or about to engage, in specified offences or their abetment. The section expressly refers to certain chapters and provisions of the Indian Penal Code, 1860. The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for the general criminal-law framework from 1 July 2024, subject to applicable savings and transitional rules. The historical cross-references in the reproduced Delhi Police Act text have not been silently substituted; their present legal effect must be assessed under the applicable interpretation and savings provisions.
Clause (c): Dangerous or habitual behaviour
The four sub-clauses address serious danger to the community, habitual violent intimidation, repeated affray or breach of peace or extortionate conduct, and habitual harassment of women and girls. These are separate descriptions within clause (c); the statute's additional witness-safety language remains important.
Meaning of habitual conduct
The Explanation establishes a statutory deeming rule: involvement in a specified act on at least three occasions during the one year immediately before action begins is treated as habitual commission of that act. This does not mean that every single incident automatically establishes habitual conduct.
What orders can be issued?
Section 47 permits directions requiring the person to conduct themselves so as to prevent violence and alarm, or to leave Delhi or a specified part by a stated route and deadline and refrain from returning to that area. An order must be evaluated against the grounds, procedural requirements and limits laid down by the Act.
Procedural safeguards and related provisions
Section 50: Hearing before an order
Section 50 requires written notice of the general nature of the material allegations and a reasonable opportunity to explain before an order under Section 47. It also addresses examination of defence witnesses, written explanations and representation by counsel, subject to its terms.
Section 51: Appeal
Under Section 51, a person aggrieved by an order under Section 47 may appeal to the Administrator within thirty days from service of the order. The Act specifies the appeal procedure, including exclusion of time taken to obtain a certified copy. Filing an appeal does not itself suspend the order unless the Administrator directs otherwise.
Sections 46, 48 and 49
Section 46 concerns gangs or bodies of persons; Section 48 concerns removal of persons convicted of certain offences; and Section 49 concerns the period of operation of such orders. These provisions address distinct legal questions and should not be treated as interchangeable.
Frequently asked questions
What is Section 47 of the Delhi Police Act?
It empowers the Commissioner of Police, subject to the statutory conditions and procedural safeguards, to direct specified conduct or removal from Delhi or a part of it to prevent violence and alarm.
Is a conviction necessary for action under Section 47?
Section 47 concerns preventive action and does not state a prior-conviction requirement. The Commissioner must consider the grounds in the provision, including the stated concern about witnesses being unwilling to testify because of fear for safety.
What does habitual conduct mean under Section 47?
The Explanation treats involvement in a listed act on at least three occasions within the year immediately before the start of action as habitual commission of that act.
Can a person contest a removal order?
Section 50 provides a prior hearing and an opportunity to respond. Section 51 provides an appeal to the Administrator within thirty days from service of the order, subject to the statutory rules.
Official legislation and sources
For the enacted provisions and any subsequent amendments or notifications, consult the Delhi Police Act, 1978 (official India Code PDF) and the Delhi Police Acts and Rules directory. For the current criminal-law framework, consult the India Code portal.
Legal information only. The application of Section 47 to a particular order depends on the record, statutory amendments, procedural compliance and applicable judicial decisions.