Section 72 of the Delhi Police Act, 1978: Omitted Provision and Its Legal Status
Section 72 formerly concerned the interpretation of references to a Judicial Magistrate of the first class in Sections 108, 109 and 110 of the Code of Criminal Procedure, 1973. The section was omitted with effect from 23 September 1980. It should not be presented as a currently operative grant or restriction of magisterial powers.
Section 72: Historical heading and omission note
Former heading: [References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate.]
Legislative note: Omitted by the Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980), section 9 (with effect from 23-9-1980).
What did Section 72 address?
The former heading concerned the distinction between a Judicial Magistrate of the first class and an Executive Magistrate when interpreting specified preventive-security provisions of the former Code of Criminal Procedure, 1973. Judicial Magistrates perform judicial functions under criminal procedure, while Executive Magistrates perform functions assigned by the applicable procedural law and valid notifications. Their powers are not automatically interchangeable.
Because Section 72 was omitted in 1980, the historical heading cannot independently determine the powers of either class of magistrate today. The applicable statute, current amendments, transitional provisions and any valid notifications must be examined.
Effect of the 1980 amendment
The omission removed Section 72 from the operative text of the Delhi Police Act. An omitted provision is not a continuing source of authority merely because its old heading remains in an annotated version of the Act or on an archival webpage. Any current magisterial jurisdiction must have a separate legal basis.
Position after the BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally replaced the Code of Criminal Procedure, 1973 from 1 July 2024, subject to commencement, repeal-and-savings and transitional provisions. This change does not revive Section 72 of the Delhi Police Act. References to the former CrPC in historical provisions should be considered alongside the relevant BNSS provisions and applicable saving or adaptation rules, rather than treated as automatic proof of an officer's present jurisdiction.
In particular, the power of the Commissioner of Police and specified subordinate officers to exercise notified magisterial functions is addressed separately in Section 70 of the Delhi Police Act, while Section 71 concerns parliamentary scrutiny of notifications issued under Section 70. Their operative application depends on the governing law and valid notifications.
Frequently asked questions
Is Section 72 of the Delhi Police Act currently in force?
No. It was omitted with effect from 23 September 1980 by Section 9 of the Code of Criminal Procedure (Amendment) Act, 1980.
Does Section 72 presently confer powers on an Executive Magistrate?
No. The omitted provision is not an independent source of present powers. Current jurisdiction must be determined from operative laws and applicable notifications.
Does the BNSS, 2023 restore the omitted section?
No. The commencement of the BNSS does not by itself reinstate a provision omitted from the Delhi Police Act decades earlier.
Official legal references
- India Code - official central legislation database (search for the Delhi Police Act, 1978 and Code of Criminal Procedure (Amendment) Act, 1980).
- Delhi Police Act, 1978 - India Code PDF.
- Delhi Police - Acts and Rules.
- e-Gazette of India - legislative notifications.
Updated 19 October 2026. This is general legal information; consult the latest authoritative legislative text and relevant notifications for a specific matter.