Section 64 Delhi Police Act: Powers of Superior Police Officers

Section 64 of the Delhi Police Act, 1978 explains when a police officer above the rank of constable may perform duties assigned to a subordinate officer. It also permits a superior officer, where necessary or expedient, to assist, supplement, supersede or prevent a subordinate officer's action in order to give proper effect to the law or avoid its infringement.

Section 64: Statutory provision

A police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, a superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof.

Meaning and scope of Section 64

Who may exercise the power?

The provision applies to a police officer holding a rank higher than constable, in relation to officers subordinate to that superior. It does not itself confer this supervisory power on a constable.

What actions are permitted?

Perform: personally carry out a lawful duty assigned to a subordinate.
Aid: provide assistance to the subordinate in carrying out that duty.
Supplement: take additional lawful action to make the discharge of the duty more effective.
Supersede: replace the subordinate's action with the superior's own lawful action where the statutory purpose requires it.
Prevent: stop a subordinate's proposed or ongoing action where intervention is necessary or expedient to give effect to the law or avoid infringement.

The superior may act personally or through a person lawfully acting under the superior's command or authority. That qualification matters: Section 64 does not authorize unlawful delegation.

Conditions and legal limitations

The underlying duty must be one assigned by law or by a lawful order. A superior officer's intervention must be connected with implementing the law more completely or conveniently, or preventing an infringement of the law. The section should not be read as a general exemption from legal requirements governing arrests, searches, seizure, use of force or other police conduct.

Where a particular law requires a warrant, authorization, recorded reasons, or compliance with a specific procedure, Section 64 does not by itself dispense with that requirement. The legality of any particular action depends on the facts and the applicable statutory provisions.

Practical illustrations

Assisting an investigation: A superior officer may personally undertake a lawful task assigned to a subordinate, or provide lawful assistance in completing it.

Preventing an unlawful step: A superior officer may intervene to prevent a subordinate from taking an action that would infringe applicable law.

Coordinating police duties: A superior officer may supplement a subordinate's lawful work when additional supervision or action is necessary for effective enforcement.

These illustrations explain the statutory framework; they do not create independent powers beyond those available under law.

Official legislation and reference sources

India Code - official central and state legislation database (search for Delhi Police Act, 1978, Section 64).
Delhi Police - official website (departmental information and applicable rules).
Gazette of India - official notifications (check amendments and commencement notifications).

This article explains the provision as reproduced in the source page and its relationship with the current procedural framework. Always consult the latest authoritative statutory text, notifications and judicial decisions for a specific case.