Section 65: Duty to Comply with Reasonable Directions of a Police Officer
Section 65 of the Delhi Police Act, 1978 requires people to comply with reasonable directions given by police officers while discharging duties under the Act. It also regulates removal of a non-compliant person and imposes an express 24-hour deadline for release or production before a Metropolitan Magistrate.
Text of Section 65 of the Delhi Police Act
(1) All persons shall be bound to comply with the reasonable directions given by a police officer in the discharge of his duties under this Act.
(2) Where any person resists, refuses or fails to comply with any direction referred to in sub-section (1), a police officer may, without prejudice to any other action that he may take under any other provision of this Act or any other law for the time being in force, remove such person and either produce him before a Metropolitan Magistrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist:
Provided that the person so removed shall in all cases be produced before the Metropolitan Magistrate or released, as the case may be, within a period of twenty-four hours of such removal.
Meaning and scope of Section 65
Section 65(1): Obligation to follow reasonable directions
The obligation applies to all persons, but it is not an unrestricted obligation to obey every instruction. The statutory test is whether the direction is reasonable and is given by a police officer in the discharge of duties under the Delhi Police Act. A direction outside lawful police functions, or one that is arbitrary or disproportionate, cannot be justified merely by citing Section 65.
Depending on the circumstances, reasonable directions may concern maintaining order in a crowded public place, managing street traffic, preventing obstruction, or protecting people during an immediate public-safety incident. These examples illustrate the provision; the legality of any particular direction depends on its factual and legal basis.
Section 65(2): What happens if a person does not comply?
If a person resists, refuses or fails to comply with a direction falling under subsection (1), a police officer may remove that person. The statute provides two alternatives after removal: production before a Metropolitan Magistrate, or, in trivial cases, release when the circumstances necessitating removal have ceased.
Section 65(2) also preserves other action lawfully available under the Delhi Police Act or another law. It does not itself make every refusal a separate arrestable offence, nor does it dispense with safeguards applicable where the police exercise arrest or detention powers under other legislation.
The 24-hour proviso is mandatory
The proviso expressly requires one of those outcomes within twenty-four hours. The availability of release in a trivial case does not permit police to retain a person beyond that deadline. Other constitutional and statutory protections may require earlier action in particular circumstances.
Legal safeguards and practical considerations
- Reasonableness: The officer should be able to explain the legitimate policing purpose of the direction.
- Connection to statutory duty: The direction must arise in the performance of duties under the Act, not from a purely personal demand.
- Proportionate response: Removal should respond to the actual refusal or failure to comply; any further use of force or arrest requires its own legal justification.
- Magistrate oversight: In cases not resolved by release under the statutory provision, the person must be produced before the Metropolitan Magistrate within the prescribed period.
- Other applicable law: Constitutional guarantees and applicable criminal procedure continue to govern arrests and detention where relevant.
Related provisions and current legal framework
Section 64 concerns performance of subordinate officers' duties by superior police officers. Section 63 addresses emergency duties linked to notified essential services. Section 60 sets out various police duties, including keeping public order and regulating traffic; Section 65 concerns compliance with reasonable directions given in the discharge of duties under the Act.
For criminal procedure arising on or after the commencement of the new criminal laws, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024 subject to its commencement provisions, generally replaces the Code of Criminal Procedure, 1973. Section 65 remains a provision of the Delhi Police Act; its specific 24-hour requirement should be read alongside, not replaced by, other applicable procedural safeguards.
Frequently asked questions
Must everyone obey every direction from a police officer?
No. Section 65(1) refers to reasonable directions given in the discharge of duties under the Delhi Police Act. The nature, legality and reasonableness of the instruction matter.
Can police remove a person who refuses a lawful direction?
Section 65(2) permits removal where a person resists, refuses or fails to comply with a direction covered by subsection (1), subject to the statutory requirements and other applicable law.
Can a person removed under Section 65 be kept for more than 24 hours?
Not under Section 65 itself. Its proviso requires release or production before a Metropolitan Magistrate within 24 hours of removal. Any separate legal basis for custody must independently satisfy applicable law.
Official legal sources
- Delhi Police Act, 1978 - India Code official PDF (see Section 65).
- India Code - Central legislation and updated legislative records.
- Delhi Police - Acts and Rules.
- e-Gazette of India - notifications and amendments.
Legal information updated 19 October 2026. This article explains the provision in general terms. For a particular incident, consult the current statutory text, notifications, applicable court decisions and a qualified legal professional.