Section 48 Delhi Police Act, 1978: Removal of Persons Convicted of Certain Offences
Section 48 empowers the Commissioner of Police, subject to specified statutory conditions, to order the removal of certain previously convicted persons from Delhi or a specified part of it. A qualifying conviction alone does not make an externment order automatic.
Text of Section 48 - Removal of persons convicted of certain offences
If a person has been convicted- (a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860); or (b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860); or (b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(g) on two or more occasions of an offence under- (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
(h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of 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 any part thereof, as the case may be, from which he was directed to remove himself.
The wording above is reproduced from the supplied page, including historical references to legislation. For amendments and the current legal position, consult the official statutory publications and relevant notifications.
Meaning and scope of Section 48
Section 48 is a preventive externment provision. It concerns persons convicted of the offences or categories listed in clauses (a) to (h). The provision requires both a qualifying conviction history and a forward-looking assessment by the Commissioner of Police that the person is likely to engage again in a listed offence.
An order may require a person to leave Delhi or a specified part of Delhi, using a specified route within a specified period, and not to enter or return to the area identified in the order. The exact territorial extent and directions depend on the written order.
Offences and conviction thresholds covered
| Clause | Offence category described in the section | Threshold expressly stated |
|---|---|---|
| (a) | Offences under Chapters XII, XVI or XVII of the Indian Penal Code, 1860 | A conviction |
| (b) | Specified offences under the Delhi Public Gambling Act, 1955 | One conviction for specified provisions; two or more occasions for other specified provisions |
| (c) | Offences under the statute historically titled the Suppression of Immoral Traffic in Women and Girls Act, 1956 | A conviction |
| (d) | Sections 25 to 29 of the Arms Act, 1959 | A conviction |
| (e) | Section 135 of the Customs Act, 1962 | A conviction |
| (f) | Specified provisions of the Punjab Excise Act, 1955, as applicable in Delhi | A conviction |
| (g) | Specified older drugs laws, the Drugs and Cosmetics Act, 1940, and the specified begging-law provision | Convictions on two or more occasions |
| (h) | Sections 105 or 107 of the Delhi Police Act | Convictions on three or more occasions |
Important legislative context
The section retains references to the Indian Penal Code, 1860. The India Code portal publishes the Delhi Police Act and the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024. Historical cross-references must be read with applicable repeal-and-savings and interpretation provisions; they should not be silently replaced with assumed equivalent section numbers.
Similarly, the historical reference to the Suppression of Immoral Traffic in Women and Girls Act, 1956 should be checked against the statute as subsequently renamed and amended. Some older laws mentioned in clause (g) were repealed or superseded by later legislation. Their continued significance for a particular conviction requires a case-specific examination of applicable savings provisions and the current text of the Delhi Police Act.
Procedure, safeguards and remedies
Written order and grounds: Section 48 contemplates an order in writing and a reason to believe that the person is likely to commit a listed offence again. A lawful decision must be grounded in the applicable statutory requirements and relevant material.
Opportunity of hearing: Section 50 deals with the hearing required before an order under Section 48 is passed. The nature and sufficiency of the hearing depend on the statutory requirements and facts of the case.
Duration and challenge: Section 49 concerns the period of operation of orders under Sections 46 to 48. The Act also contains provisions governing appeals and related procedural protections. A person served with an order should check the order date, available remedy and any applicable limitation period without delay.
Section 47 and Section 48: the difference
Section 47 addresses specified conduct and circumstances indicating danger or likely offending, whereas Section 48 focuses on enumerated past convictions together with a belief that the person is likely to offend again. Both concern preventive restrictions, but their legal preconditions are different.
Frequently asked questions
Does conviction automatically result in removal from Delhi?
No. Section 48 uses discretionary language and requires the Commissioner of Police to have reason to believe that the person is likely again to engage in an offence specified in the section.
Who may issue an order under Section 48?
The Commissioner of Police may issue a written direction under the conditions set out in Section 48.
Are repeated convictions required in every case?
No. The section specifies different conditions for different categories. Clause (g) requires convictions on two or more occasions; clause (h) requires convictions on three or more occasions.
What safeguards apply to removal orders?
Section 50 addresses an opportunity of hearing before orders under Sections 46, 47 or 48. Other provisions of the Act govern duration and remedies.
Official legal references
For the authoritative Act, amendments and related legislation, consult the India Code official legislation database and the Delhi Police official website. Check any relevant government notifications and judicial decisions when applying the provision to an individual case.
This article provides general legal information, not a substitute for the applicable statutory text or case-specific legal advice.