Section 8 of Delhi Police Act, 1978 - Deputy, Additional Deputy and Assistant Commissioners of Police
Section 8 sets out who may appoint Deputy Commissioners of Police (DCPs), Additional Deputy Commissioners of Police and Assistant Commissioners of Police (ACPs), and the conditions under which these officers may exercise the Commissioner's statutory powers.
Text of Section 8 - Deputy, Additional Deputy and Assistant Commissioners of Police
Section 8(1). The Administrator may appoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the purposes of this Act.
Section 8(2). Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (except the power to make regulations) and perform such of the duties of the Commissioner of Police and within such local limits as may be specified in such orders.
The provision above is reproduced from the Delhi Police Act, 1978. The official legislation is available from India Code (Delhi Police Act, 1978, PDF).
Meaning and scope of Section 8
Appointment by the Administrator - subsection (1)
The Administrator is the authority identified in Section 2(a) by reference to Article 239 of the Constitution. Subsection (1) empowers that authority to appoint one or more officers in any of the three specified categories for the purposes of the Act. The provision does not itself fix a numerical ceiling on such appointments.
Exercise of powers - subsection (2)
These officers may exercise specified powers and discharge specified duties of the Commissioner of Police, but only under the statutory conditions. The exercise is subject to the Act, applicable general or special orders of the Administrator, orders of the Commissioner of Police, and the local limits specified in those orders.
How these police ranks fit into the Act
- Deputy Commissioner of Police: Under Section 11(1), each police district is placed under the charge of a DCP.
- Additional Deputy Commissioner of Police: Section 11(1) provides that one or more Additional DCPs may assist the district DCP.
- Assistant Commissioner of Police: Section 11(2) places each police sub-division under the charge of an ACP.
These organisational roles are described by Section 11; the particular powers exercised in a given matter must still be traced to the applicable statutory provision and valid orders.
Related provisions
- Section 4 - Superintendence of the police force by the Administrator.
- Section 6 - Appointment and role of the Commissioner of Police.
- Section 7 - Additional Commissioner of Police.
- Section 10 - Constitution of police districts, sub-divisions and police stations.
Frequently asked questions
Who appoints a DCP or ACP under Section 8?
The Administrator may appoint one or more DCPs, Additional DCPs or ACPs under Section 8(1).
Can an ACP exercise every power of the Commissioner of Police?
No. Section 8(2) limits the powers to those authorised by applicable orders and expressly excludes the power to make regulations.
Can these officers act throughout Delhi?
The territorial extent of powers exercised under Section 8(2) depends on the local limits specified in the relevant orders. It should not be assumed that every officer has authority across all of Delhi for every function.
Official legal sources
Delhi Police Act, 1978 - official India Code PDF
Constitution of India - Legislative Department
Legal information only. For a specific appointment, delegation or jurisdictional question, consult the applicable current orders, rules and official notifications.