Section 63 of Delhi Police Act, 1978: Emergency Duties of Police
Section 63 provides a mechanism for declaring a service essential to the community and requires police officers to comply with superior officers' orders relating to that service while the declaration is in force.
What Section 63 provides
The provision is titled "Emergency duties of police". It contains three subsections:
- Section 63(1) - Declaration of essential service. The Administrator may, by notification in the Official Gazette, declare any specified service to be an essential service to the community.
- Section 63(2) - Duration and extension. A declaration under subsection (1) remains in force for one month initially, but may be extended from time to time by a similar notification.
- Section 63(3) - Duty to obey orders. Once a declaration has been made, and while it remains in force, every police officer must obey orders given by a superior officer concerning employment in connection with the service specified in that declaration.
Meaning and scope of the provision
Who can declare an essential service?
The statutory authority is the Administrator, as defined for purposes of the Delhi Police Act. The declaration must identify the relevant service and be made through a notification in the Official Gazette. A general statement or informal direction is not a substitute for the notification contemplated by Section 63(1).
Does the declaration continue indefinitely?
No. Section 63(2) expressly provides for an initial period of one month. Continuation beyond that period depends on extension through a further notification of the same kind. Whether a particular declaration is currently effective must therefore be checked against the applicable Gazette notifications.
What must a police officer do?
During the validity of a declaration, a police officer has a statutory duty to obey a superior officer's orders in relation to employment connected with the declared service. This is a duty relating to police deployment and assistance; the section does not, by itself, create a general power to compel members of the public to work in that service.
Practical application and safeguards
For example, where a service has been duly notified as essential to the community, superior police officers may issue deployment or assistance orders connected with that service. Section 63(3) governs the subordinate officer's duty to obey such orders during the notified period.
The authority under Section 63 must be read with the rest of the Delhi Police Act and other applicable laws. It should not be interpreted as dispensing with constitutional protections, lawful limits on police powers, or procedural requirements imposed by other legislation.
Section 63 is distinct from Section 60, which lists ordinary police duties, and Section 62, which addresses searches relating to suspected stolen property in streets and public places.
Frequently asked questions
Is a Gazette notification required under Section 63?
Yes. Subsection (1) expressly requires a notification in the Official Gazette to declare a specified service essential to the community.
How long does the initial declaration last?
One month, unless extended through further notification under subsection (2).
Does Section 63 allow police to declare a service essential themselves?
No. The power to make the declaration is assigned to the Administrator. The duty imposed on police officers arises in connection with a declaration made under subsection (1).
Legislation and official resources
Read the India Code legislative database for the Delhi Police Act, 1978 (Act 34 of 1978), and consult the Delhi Police official website for departmental information. For the existence and duration of a specific essential-service declaration, refer to the relevant Official Gazette notification. The applicability of any particular notification should be verified independently.
Editorial note: This explanation reflects the wording of Section 63 in the supplied statutory text. It does not assert that any particular service is presently notified under this section.