Section 59 of the Delhi Police Act, 1978: Duty of Police Officers to Enforce the Act
Section 59 sets out the duty of police officers to enforce the Delhi Police Act, 1978 and the rules, regulations and orders made under it. It authorises warnings, directions, specified arrests and seizure of objects, while placing important limits on arrests without a warrant.
Section 59(1): Duty to ensure compliance
Every police officer must ensure compliance with the Act and subordinate legislation made under it. The following powers are expressly described in clauses (a) to (d):
- Warning: warn persons who, through ignorance, fail to comply with the Act or a rule, regulation or order.
- Direction to desist: require someone acting, or about to act, contrary to the Act or a rule, regulation or order to stop.
- Arrest: arrest a person for a contravention constituting an offence punishable under the Act, subject to the limitations in sub-sections (2) and (3).
- Seizure: seize an object used or about to be used in a contravention that constitutes an offence punishable under the Act.
Section 59(2): When can police arrest without a warrant?
For an arrest under section 59(1)(c), the general rule is that a warrant from a Metropolitan Magistrate is required. Section 59(2) then provides the following statutory exceptions:
- Section 28(1)(b): contravention of a regulation made under that provision.
- Specified orders or notifications: contravention of an order or notification under section 29, section 30(1) or (2), section 32, section 47, section 48 or section 57(1).
- Offences committed in the officer's presence: offences punishable under section 97, section 108(1), section 110(a), (b) or (c), or section 113(2) relating to orders under sections 33 or 34.
- Section 100: commission or reasonable suspicion of an offence concerning a dwelling house, private premises or attached land, provided the person in possession or charge complains of that offence.
- Other specified offences: commission or reasonable suspicion of an offence punishable under section 101, section 102 or section 113(2)(c).
- Persistent non-cognizable offence in public: an offence under the Act or its rules or regulations committed in the officer's presence in a street or public place, where the person continues after a warning or refuses to accompany the officer to a police station when required.
Section 59(3): Special power concerning section 92
The Commissioner of Police, or a police officer specifically empowered by the Commissioner, may arrest without a Metropolitan Magistrate's warrant a person who has committed an offence punishable under section 92. This is a specifically allocated power; it is not a general warrantless-arrest authority for all police officers.
Practical meaning and legal safeguards
The provision distinguishes preventive intervention from coercive enforcement. An officer may warn or direct a person to stop an unlawful act, but arrest under section 59 must satisfy the relevant statutory conditions. Seizure under section 59(1)(d) likewise relates to objects connected with a contravention punishable as an offence under the Act.
Arrest and detention must also comply with applicable constitutional guarantees and criminal procedure law, including the Bharatiya Nagarik Suraksha Sanhita, 2023, where applicable. Section 59 should be read together with the specific offence provision and any valid rules, regulations, orders or notifications involved.
Frequently asked questions
Does section 59 allow arrest for every violation?
No. The alleged contravention must be an offence punishable under the Act, and warrant requirements and the enumerated exceptions must be observed.
Can a police officer seize an object under section 59?
Yes, section 59(1)(d) authorises seizure of an object used or about to be used in a contravention that is punishable as an offence under the Act, subject to applicable law.
Who may exercise the special power under section 59(3)?
The Commissioner of Police or an officer specifically empowered by the Commissioner in relation to an offence punishable under section 92.
Official legal sources
Legal information updated 19 October 2026. For an individual case, verify the current text, applicable notifications and procedural requirements.