Section 54 Delhi Police Act: Temporary Permission to Enter Delhi
Section 54 of the Delhi Police Act, 1978 allows temporary entry into an area from which a person has been directed to leave under Sections 46, 47 or 48. It also sets out who can give permission, the conditions that may be attached, how permission can be revoked, and the consequences of a breach.
Section 54: Statutory text
The following wording is reproduced from the supplied Delhi Police Act webpage, with paragraph formatting for readability.
54. Temporary permission to enter and consequences of non-observance of conditions of such permission
(1) The Commissioner of Police or any other police officer specially empowered by the Administrator in that behalf may, by order in writing, permit any person, in respect of whom an order under section 46, section 47 or section 48 has been made, to return to Delhi or any part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observance of the conditions imposed.
(2) The Commissioner of Police may at any time revoke any such permission.
(3) Any person who with such permission returns to Delhi or any part thereof shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside Delhi or any part thereof, as the case may be, and shall not return thereto within the unexpired portion of the period specified in the original order made under section 46, section 47 or section 48 without a fresh permission.
(4) If such person fails to observe any of the conditions imposed, or to remove himself accordingly or having so removed himself enters or returns to Delhi or any part thereof, as the case may be, without fresh permission, the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or part thereof as the Commissioner of Police may in each case specify.
What Section 54 means
Subsection (1): Written temporary permission
The Commissioner of Police, or another police officer specially empowered by the Administrator, may issue written permission for a person subject to a removal order under Sections 46, 47 or 48 to return temporarily to the restricted area. The order can specify both the permitted duration and conditions. It can also require a bond, with or without a surety, to secure observance of those conditions.
In this context, a bond is a formal undertaking to comply with specified requirements. A surety is a person who undertakes responsibility under the bond according to its terms. The precise requirements depend on the written order.
Subsection (2): Revocation
The Commissioner of Police can revoke temporary permission at any time. A person relying on permission should therefore check its continuing validity and any communication concerning revocation.
Subsection (3): Obligation to leave
Once the permitted period ends, or if permission is revoked earlier, the person must leave the restricted area. The person cannot re-enter during the unexpired portion of the original removal order without obtaining fresh permission. Temporary permission does not, by itself, restart or extend the original period.
Subsection (4): Consequences of non-compliance
If the person violates a condition, fails to leave when required, or returns without fresh permission, the Commissioner of Police may cause the person to be arrested and removed in police custody to a specified place outside the restricted area. The provision describes an enforcement power; it should not be confused with an automatic criminal conviction.
Practical considerations for temporary entry
- Check the original order: Identify whether the removal direction was issued under Section 46, 47 or 48, the geographic area covered, and its expiry date.
- Seek written permission: Approach the competent authority and explain the reason for temporary entry, the requested dates, and any relevant supporting material. Section 54 does not prescribe a universal application form or guarantee approval.
- Read the permission carefully: Note the dates, location, reporting requirements, restrictions and any bond or surety conditions stated in the written order.
- Comply and leave on time: If permission expires or is revoked, leave the area as required. Obtain fresh written permission before any further entry during the remaining period of the original order.
The particular facts, the original externment order and any applicable administrative directions may affect the process. A request for temporary permission should not be treated as permission until the competent authority actually issues the written order.
How Section 54 relates to other provisions
Section 46 deals with dispersal of gangs or bodies of persons; Section 47 concerns removal of persons about to commit specified offences; and Section 48 addresses removal following specified convictions. Section 54 applies when an order under one of these provisions already exists.
Section 49 limits the duration of the underlying order to a maximum of two years. Section 50 addresses the prior hearing, while Section 51 provides an appeal against the underlying order. Section 53 concerns failure to leave or unauthorised re-entry. These are distinct powers and procedures.
Frequently asked questions
Who can grant temporary permission to return under Section 54?
The Commissioner of Police or another police officer specially empowered by the Administrator may issue written permission under Section 54(1).
Does temporary permission cancel an externment order?
No. Section 54 allows temporary return on stated terms. The unexpired portion of the original removal order continues to matter.
Can permission be revoked before it expires?
Yes. Section 54(2) authorises the Commissioner of Police to revoke the permission at any time.
What happens when temporary permission expires?
Under Section 54(3), the person must leave the area covered by the original removal direction and must not return during the remaining period without fresh permission.
What if a person breaks the conditions of temporary entry?
Section 54(4) allows the Commissioner of Police to cause the person to be arrested and removed in police custody to a specified place outside the relevant area.
Official legislation and reference sources
Consult the India Code official legislation portal for the Delhi Police Act, 1978 and any amendments, and the Delhi Police official website for relevant administrative information. The original statutory wording should be checked against the currently applicable official publication and notifications.
This article provides general legal information, not advice about an individual order or permission request.