Section 62 Delhi Police Act: Power to Search Suspected Persons in Streets and Public Places
Section 62 authorises a police officer, in specified circumstances, to search a person in a street or place of public resort for suspected stolen property, ask for an explanation and detain the article subject to safeguards. It does not grant an unrestricted power to search anyone.
Section 62: Text of the provision
When in a street or a place of public resort a person is in possession or suspected to be in possession of any article which a police officer in good faith suspects to be stolen property, such police officer may search such person and may require an account in relation to any article found in his possession and should the account given by the possessor be manifestly false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form and report the facts to a Metropolitan Magistrate who shall thereupon proceed according to the provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974).
The above reproduces the provision as published in the Delhi Police Act, 1978. Its express reference to the Code of Criminal Procedure, 1973, is retained rather than silently rewriting the enacted text.
What does Section 62 mean?
1. Search must relate to suspected stolen property
The officer must, in good faith, suspect that an article possessed by the person is stolen property. A general suspicion about a person, without the statutory connection to an article, is not the test stated in this section.
2. Location matters
The provision addresses a person in a street or place of public resort. A street is a public thoroughfare; a place of public resort is a location to which members of the public resort. Entry into private premises is not independently authorised by Section 62.
3. Explanation may be requested
The officer may require the possessor to account for an article found in their possession. The statutory power to detain that article arises where the explanation is manifestly false or suspicious.
Seizure procedure and safeguards
- Good-faith suspicion: The officer must have a genuine basis to suspect stolen property in the stated public setting.
- Search and enquiry: The officer may search the person and ask for an account of the article.
- Detention of the article: If the explanation is manifestly false or suspicious, the article may be detained.
- Receipt: A receipt in the prescribed form must be given to the possessor when the article is detained.
- Judicial reporting: The facts must be reported to a Metropolitan Magistrate for further proceedings.
Important distinction: Section 62 concerns searching a person and detaining an article; it does not, by itself, state a general power to arrest the person. Any arrest must have a separate lawful basis and comply with applicable procedural safeguards.
Current law: BNSS, 2023 and property disposal
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 for the general criminal procedure framework from 1 July 2024, subject to applicable savings and transitional provisions. Section 62 still contains its historical CrPC references in the published statutory text. For current proceedings, the corresponding BNSS provisions should be considered, subject to the facts and applicable transition rules.
| CrPC reference in Section 62 | Corresponding BNSS provision | Subject |
|---|---|---|
| Section 457 | Section 503 | Procedure by police upon seizure of property |
| Section 458 | Section 504 | Procedure where no claimant appears within six months |
| Section 459 | Section 505 | Power to sell perishable property |
Section 503 BNSS: Addresses Magistrate orders concerning seized property, including delivery to the person entitled to possession or arrangements for custody and production. Section 504 BNSS: Provides for disposal where a claimant does not establish entitlement within the statutory period, subject to its conditions and appeal provisions. Section 505 BNSS: Permits the Magistrate to order sale in specified circumstances, including perishable property or property valued below the statutory threshold of Rs. 10,000.
Section 106 BNSS also addresses police seizure of property alleged or suspected to be stolen and related reporting requirements. It is a distinct provision and does not remove the express conditions imposed by Section 62 of the Delhi Police Act.
Practical example
If a police officer in a public market has a good-faith basis to suspect that a person is carrying a stolen device, the officer may invoke Section 62 to search and seek an explanation. If the account is manifestly false or suspicious, the officer may detain the device, issue the prescribed receipt and report the facts to a Metropolitan Magistrate. Whether further investigation or arrest is lawful depends on other applicable provisions and the circumstances.
Official legislation and related reading
- Delhi Police Act, 1978 - official India Code PDF
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official BPR&D PDF
- India Code - central legislation portal
- Section 59 - Duties to enforce the Act
- Section 61 - Entry into places of public resort
Legal information updated 19 October 2026. This article explains the statutory framework and is not a substitute for advice on an individual case.