Section 71: Notifications Under Section 70 to Be Laid Before Parliament
Section 71 of the Delhi Police Act, 1978 establishes parliamentary scrutiny of Central Government notifications made under Section 70, which concerns the conferral of specified magistrate powers on designated police officers.
Full text of Section 71
Every notification made by the Central Government under section 70 shall be laid, as soon as it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
Meaning of Section 71
Which notifications are covered?
The provision applies to notifications made by the Central Government under Section 70. That section permits the Central Government, subject to notified conditions and limitations, to confer specified District Magistrate or Executive Magistrate powers on the Commissioner of Police, and specified Executive Magistrate powers on eligible subordinate police officers.
Section 71 does not itself appoint an officer or confer a new magistrate power. Its function is to provide legislative oversight of notifications issued under Section 70.
What does laying before Parliament mean?
The Central Government must place the notification before each House of Parliament as soon as it is made, while the House is in session. The requirement enables parliamentary examination of the notification. The statutory language does not make prior parliamentary approval a condition for issuing the notification.
How is the 30-day period calculated?
The total period is 30 days during which the notification is laid before Parliament. Those days may fall within a single session or be spread across two or more successive sessions. It is not simply a requirement to wait 30 calendar days after publication, irrespective of parliamentary sittings.
Can Parliament modify or annul a notification?
Yes. If both Houses agree to a modification or agree that the notification should not have been made, within the period specified in Section 71, it thereafter operates only in its modified form or ceases to have effect, respectively. Action by one House alone does not satisfy this express statutory requirement.
Are earlier actions invalidated?
No, not merely because of a later parliamentary modification or annulment. The final clause expressly protects the validity of anything previously done under that notification. This saving clause does not independently validate an action that was otherwise unlawful.
Section 70, criminal procedure and the current legal context
The text of Section 70 refers to the Code of Criminal Procedure, 1973 (CrPC). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and generally replaced the CrPC, subject to its repeal, savings and commencement provisions. Whether a particular Section 70 notification remains operative, and the corresponding powers it covers, must be assessed against the applicable notification, statutory savings and current law. Section 71's parliamentary laying requirement remains directed at notifications under Section 70.
A reference to the BNSS should not be treated as an automatic expansion of powers delegated by an older notification. The precise notification, any amendments and applicable legal provisions must be examined.
Frequently asked questions
Does Section 71 require Parliament to approve a notification before it takes effect?
No express prior-approval requirement appears in Section 71. It provides for laying the notification before Parliament and for subsequent modification or annulment by agreement of both Houses.
Does the 30-day period have to fall in one session?
No. Section 71 expressly allows the period to be comprised in one session or two or more successive sessions.
What happens if both Houses annul the notification?
The notification thereafter has no effect, but the provision preserves the validity of acts previously done under it, subject to their otherwise lawful character.
Official statutory and notification resources
- India Code - official Central legislation database (search for the Delhi Police Act, 1978 and the BNSS, 2023).
- Delhi Police - Acts and Rules.
- Gazette of India - published notifications (check for notifications made under Section 70).
- Digital Sansad - Parliament of India (parliamentary records and business).
Updated 19 October 2026. This is general legal information. Consult the applicable Gazette notifications, current legislation and parliamentary records for any specific delegation of magistrate powers.