Section 50 Delhi Police Act: Hearing Before Orders Under Sections 46, 47 and 48
Section 50 of the Delhi Police Act, 1978 sets out the procedural protections that apply before the Commissioner of Police makes an order under Section 46, 47 or 48. It covers written notice, the opportunity to explain, examination of defence witnesses, legal representation, attendance bonds and warrants.
Section 50: Statutory text
The following reproduces the wording supplied in the original webpage. References to the Code of Criminal Procedure, 1973 are retained as enacted references; see the note on newer criminal procedure legislation below.
Hearing to be given before order under section 46, 47 or 48 is passed
(1) Before an order under section 46, section 47 or section 48 is made against any person, the Commissioner of Police shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness to be produced by him, the Commissioner of Police shall grant such application and examine such witness, unless for reasons to be recorded in writing, the Commissioner of Police is of opinion that such application is made for the purpose of causing vexation or delay.
(3) Any written explanation put in by such person shall be filed with the record of the case.
(4) Such person shall be entitled to be represented in the proceeding before the Commissioner of Police by a counsel.
(5)(a) The Commissioner of Police may for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 46, section 47 or section 48 require such person, by order in writing, to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry.
(5)(b) The provisions of sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to the order under clause (a) to furnish security bond.
(6) Without prejudice to the foregoing provisions, the Commissioner of Police, while issuing notice to any person under sub-section (1) may issue a warrant for his arrest and the provisions of sections 70 to 89 (both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to such warrant.
(7) The provisions of section 445, section 446, section 447 or section 448 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to all bonds executed under this section.
Meaning of Section 50 and individual safeguards
Written notice and reasonable opportunity: sub-section (1)
The Commissioner must disclose the general nature of the material allegations through written notice. The affected person must then have a reasonable chance to submit an explanation. This requirement applies before an order is made under any of the three specified sections.
Witnesses and written reasons: sub-section (2)
A person may request examination of witnesses they produce. The Commissioner must ordinarily grant the request. Refusal is permitted under the provision only where the application is considered intended to cause vexation or delay, with reasons recorded in writing.
Written defence and legal counsel: sub-sections (3) and (4)
A written explanation must form part of the case record. The person is expressly entitled to be represented by counsel in the proceedings before the Commissioner.
Attendance and security bonds: sub-section (5)
For attendance during the inquiry, the Commissioner may require the person to appear and furnish a bond, with or without sureties. The provision expressly refers to CrPC Sections 119-124 for the applicable bond-related procedure, so far as may be.
Arrest warrant and bond provisions: sub-sections (6) and (7)
Sub-section (6) allows an arrest warrant to be issued while serving notice, subject to the specified procedural framework. Sub-section (7) incorporates the specified CrPC bond provisions. These powers should not be confused with an automatic power to dispense with the notice and hearing requirements in sub-section (1).
Practical sequence of a Section 50 proceeding
- The Commissioner proposes action under Section 46, 47 or 48.
- The affected person receives written notice stating the general nature of material allegations.
- The person may tender an explanation and seek assistance from counsel.
- Any application to examine defence witnesses is considered under the statutory test in sub-section (2).
- Attendance, bond and warrant measures, if invoked, must follow the applicable legal procedure.
- The Commissioner considers the record before making an order under the relevant substantive section.
How Section 50 connects with related provisions
| Provision | Subject | Connection |
|---|---|---|
| Section 46 | Dispersal of gangs and bodies of persons | Section 50 procedure before an order against a person |
| Section 47 | Removal of persons about to commit offences | Opportunity to respond to proposed preventive action |
| Section 48 | Removal of persons convicted of certain offences | Procedural hearing before a removal order |
| Section 49 | Period of operation | Maximum duration of directions not to enter a specified area |
CrPC references and the Bharatiya Nagarik Suraksha Sanhita, 2023
The statutory text above refers to provisions of the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the CrPC as the general criminal procedure code, subject to applicable savings and transitional provisions. The precise effect of these changes on a particular proceeding or cross-reference must be assessed from the current legislation and applicable notifications; the older citations are not silently replaced in the quoted Section 50 text.
Frequently asked questions
Is a hearing required before an order under Sections 46, 47 or 48?
Yes. Section 50(1) requires written notice of the general nature of the material allegations and a reasonable opportunity to explain before an order is made.
Can the person call witnesses?
Yes. Under Section 50(2), an application to examine a witness must be granted unless the Commissioner records written reasons that it is intended to cause vexation or delay.
Can a lawyer represent the person?
Yes. Section 50(4) expressly entitles the person to representation by counsel.
Can the Commissioner require a bond or issue a warrant?
Section 50(5) permits a written appearance direction and security bond for attendance; Section 50(6) also provides for an arrest warrant when issuing notice, subject to the applicable statutory provisions.
Official legal references
Consult the Delhi Police Act, 1978 (India Code PDF), the India Code legislation database, and the Legislative Department, Government of India for the authoritative text, amendments and related enactments.
This explanatory article is general legal information, not advice on any particular notice or externment proceeding. Verify the applicable text and judicial interpretation before relying on a specific legal position.