Section 49 Delhi Police Act: Period of Operation of Orders Under Sections 46, 47 and 48

Section 49: Statutory text

This reproduces the provision supplied in the original webpage. It addresses the period of operation of an exclusion or externment direction, not the separate grounds on which such a direction may be issued.

Meaning and legal effect of Section 49

1. A definite period must be stated

The direction must specify the period during which the affected person or group is prohibited from entering Delhi or the part of Delhi identified in the order. An unspecified or indefinite prohibition does not satisfy the duration requirement expressed in Section 49.

2. Two years is the statutory ceiling, not the automatic term

Section 49 imposes a maximum period of two years. It does not require every direction to last for two years; the authority must specify a period within the statutory limit, subject to the other requirements governing the order.

3. The limit runs from the date the order was made

The statute expressly uses the date on which the direction was made as the starting point for its maximum duration. It does not say that the two-year maximum begins only on service of the order or on the date of physical removal.

4. The restriction can concern Delhi or a specified part

The geographical reach depends on the underlying direction: it may concern Delhi as a whole or an identified part. Section 49 does not itself enlarge the territory covered by the order.

Relationship with Sections 46, 47 and 48

These provisions are sometimes discussed together as externment provisions: they concern orders requiring a person or group to leave a specified area and/or refrain from returning. The legal grounds differ between the three sections, but Section 49 supplies the common maximum duration for the non-entry direction.

Procedure, challenge and practical considerations

The legality of an externment order is not determined by its duration alone. The relevant grounds under Section 46, 47 or 48 and applicable procedural requirements must also be considered.

Section 50 deals with an opportunity of hearing before orders under Sections 46, 47 and 48 are made. The Act also contains provisions governing appeals and related procedure. A person affected by a direction should review the written order, its stated grounds, the area covered, the date it was made and the specified duration, and seek timely legal advice on any available challenge.

For example, a direction issued on 1 January of a given year that prohibits entry for a stated period of six months does not automatically extend to two years. Conversely, a purported three-year exclusion under these provisions would exceed the ceiling stated in Section 49.

Frequently asked questions