Delhi Police Act, 1978 | Act 34 of 1978

Section 58 of the Delhi Police Act, 1978: Constitution of Defence Societies

Section 58 empowers the Commissioner of Police to constitute voluntary Defence Societies for the protection of people, security of property and public safety in a locality. It also regulates their training, certificates, duty-related powers and eligibility for local public office.

Legal position: A Defence Society under Section 58 is a statutory voluntary body constituted by the Commissioner of Police in the prescribed manner. A private group does not acquire police powers merely by calling itself a Defence Society.

Section 58: Statutory provisions

Sub-section (1) - Constitution: For the protection of persons, the security of property and public safety in any locality, the Commissioner of Police may constitute voluntary bodies, called Defence Societies, in the prescribed manner.

Sub-section (2) - Training and duties: The Commissioner of Police or an officer of a Defence Society may call up subordinate officers or members of a Defence Society for training or for duties assigned to them under the Act.

Sub-section (3)(a) - Certificate: On appointment, every officer or member must receive a certificate in a form specified or approved by the Administrator.

Sub-section (3)(b) - Powers and protection: When called up for duty, an officer or member has the same powers, privileges and protection as a police officer appointed under the Act.

Sub-section (4) - Public office: Membership or office in a Defence Society does not, by itself, disqualify a person from being chosen as or being a member of the Delhi Metropolitan Council, the Municipal Corporation of Delhi or another local authority. The reference to the Delhi Metropolitan Council is retained as part of the statutory text, although that institution is historical.

These are explanatory summaries of the four sub-sections. For the authoritative wording, consult the official Delhi Police Act, 1978 (India Code PDF).

Meaning and practical application

Who can establish a Defence Society?

Under Section 58(1), the statutory authority to constitute a Defence Society rests with the Commissioner of Police, subject to the prescribed procedure. The provision does not give every residents' association or private security group an independent right to establish a statutory Defence Society.

What are the objectives?

The section identifies three connected objectives: protection of persons, security of property and public safety within a locality. The scope of any assigned activities must be understood with reference to the Act and applicable rules or orders.

When do members obtain police powers?

Section 58(3)(b) expressly links equivalent powers, privileges and protection to being called up for duty. It should not be read as granting unrestricted, permanent police authority to every member in everyday private activities.

What documents are required?

Section 58(3)(a) requires an appointment certificate in the form specified or approved by the Administrator. The prescribed manner of constitution and any applicable administrative directions should also be checked before treating a body or individual as duly appointed.

Does membership disqualify a person from local elections?

No disqualification arises solely from being an officer or member of a Defence Society under Section 58(4). Other election qualifications and disqualifications under applicable laws may still operate independently.

Section 57 concerns restrictions on public use of dress resembling uniforms of the armed forces or police. Section 59 sets out duties of police officers to enforce the Act. Section 147 provides rule-making authority, relevant to matters the Act requires to be prescribed.

Official legal references

This article explains the statutory provision for general information. Specific appointments, delegated duties and exercise of powers depend on the applicable rules, certificates and official orders.