Section 53 Delhi Police Act: Failure to Leave and Re-entry After Removal
Section 53 of the Delhi Police Act, 1978 provides a mechanism to enforce a removal direction issued under Section 46, 47 or 48. It addresses both a failure to leave the prohibited area and an unauthorised return while the direction remains in force.
Text of Section 53 - Procedure on failure to leave or entry after removal
If a person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself from Delhi or any part thereof-
(a) fails to remove himself as directed; or
(b) having so removed himself enters Delhi or any part thereof within the period specified in the order, otherwise than with the permission in writing of the Commissioner of Police under section 54,
the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or any part thereof as the Commissioner of Police may in each case specify.
Meaning and scope of Section 53
The provision is an enforcement power, not a stand-alone power to make an initial removal order. A direction under Section 46, Section 47 or Section 48 must already have been issued to the person concerned.
Clause (a): Failure to leave as directed
Clause (a) applies when the person does not leave Delhi, or the particular area identified in the order, in accordance with the direction. The terms of the underlying order are important in determining what compliance required.
Clause (b): Return during the operative period
Clause (b) applies when a person who has left the prohibited area returns within the period specified in the removal order, without written permission from the Commissioner of Police under Section 54. The provision therefore makes the period, territorial scope and any written permission material to the inquiry.
Police custody and place of removal
Where either clause applies, the Commissioner of Police may cause the person to be arrested and removed in police custody. The destination must be a place outside Delhi or outside the relevant part of Delhi, as specified in the individual case. The word may confers a statutory power; it does not mean that every alleged breach automatically results in arrest.
Related provisions and safeguards
- Sections 46 to 48: The underlying removal directions to which Section 53 refers.
- Section 49: A direction not to enter cannot exceed two years from the date it was made.
- Section 50: Notice, opportunity to explain and other safeguards before an order under Sections 46 to 48.
- Section 51: Appeal to the Administrator against orders under Sections 46 to 48, ordinarily within thirty days of service.
- Section 52: Statutory grounds for questioning certain removal and appellate orders in court.
- Section 54: Temporary written permission to enter and consequences of not observing its conditions.
Section 53 should be read alongside the operative removal order, any appeal or stay direction and any written permission. A pending appeal does not, by itself, suspend the removal order: Section 51(3) provides that it remains in force unless the Administrator directs otherwise.
Practical questions to check
- Was an order actually issued under Section 46, 47 or 48, and what area does it cover?
- When was the order made and what period of exclusion does it specify?
- Was the person required to leave by a particular time or route?
- Was there a written permission under Section 54 allowing temporary entry?
- Has the Administrator varied, set aside or suspended the underlying order on appeal?
Frequently asked questions
What does Section 53 of the Delhi Police Act provide?
It authorises the Commissioner of Police to cause a person to be arrested and removed in police custody if the person fails to comply with a removal direction under Section 46, 47 or 48, or returns during the specified period without written permission under Section 54.
Does Section 53 apply to every person entering Delhi?
No. It applies to a person subject to a removal direction under Section 46, 47 or 48 who fails to leave as directed or re-enters the prohibited area during the operative period without the specified written permission.
Can a removed person return with permission?
Section 53 recognises written permission from the Commissioner of Police under Section 54. The scope and conditions of any permission must be checked.
Who can order arrest and removal under Section 53?
The Commissioner of Police may cause arrest and removal in police custody to a specified place outside Delhi or the relevant part of Delhi.
Official legal sources
Consult the India Code legislative database for the Delhi Police Act, 1978 and subsequent amendments. The Delhi Police official website may provide related rules and administrative material. Check the latest official text and any applicable judicial decisions before relying on a provision in a particular case.
This article is general legal information. Its explanation does not replace the operative statutory text, the individual removal order or professional advice.