Section 85 of the Delhi Police Act, 1978: Obstruction and Annoyance by Performances
Section 85 addresses public performances that attract crowds and bulky advertising displays in streets or public places when they contravene regulations made by the Commissioner of Police and may obstruct passengers or annoy nearby residents.
What does Section 85 provide?
Section 85 - Causing obstruction and annoyance by performances, etc.
No person shall, in contravention of any regulation made by the Commissioner of Police,-
(a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or
(b) carry or place bulky advertisements, pictures, figures or emblems in any street or public place,
whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned.
Explanation of the legal provisions
Clause (a): Performances attracting crowds
The provision covers mimetic (imitative or theatrical), musical and other performances capable of drawing crowds. The statutory prohibition is linked to a contravention of a regulation made by the Commissioner of Police; it does not impose an unconditional ban on every street performance. The potential for obstruction to passengers or annoyance to nearby residents is relevant to its application.
Clause (b): Bulky advertisements and displays
Carrying or placing large advertisements, pictures, figures or emblems in a street or public place may fall within this clause when done contrary to applicable police regulations and in circumstances that may obstruct passengers or annoy residents. The specific location, size, manner of display and applicable regulation matter.
Relevant regulatory powers
Section 28 of the Delhi Police Act, 1978 empowers the Commissioner of Police, subject to statutory requirements, to make regulations covering public order, traffic, music, performances, processions, public entertainment and certain advertisements. Particularly relevant are Section 28(1)(e) concerning elevated advertising signs, Section 28(1)(o) concerning music and noisy instruments, Section 28(1)(p) concerning assemblies and processions, and Section 28(1)(y) concerning public performances. The exact regulation and its applicability should be checked before treating conduct as a violation of Section 85.
Penalty for contravention
Section 97 provides the general penalty for contraventions of Sections 80 to 96: upon conviction, a fine which may extend to Rs. 100, or, in default of payment of that fine, imprisonment for a term not exceeding eight days. This is the penalty stated in the Act for Section 85; any other independently applicable legal provision must be considered separately.
Practical examples
A musical street performance that blocks a narrow passage in violation of an applicable police regulation may raise a Section 85 issue. Similarly, a large promotional structure carried through a crowded public walkway contrary to a relevant regulation may attract scrutiny. A small, unobstructive lawful performance is not automatically prohibited merely because it is musical or attracts attention.
Related provisions
Section 83 addresses obstruction in streets; Section 84 concerns footways; and Section 86 addresses specified offensive acts in or near public places. These provisions operate according to their own statutory elements.
Official legal sources
Read the Delhi Police Act, 1978 on India Code (official PDF) and the Delhi Police Acts and Rules page. For any specific event, verify the current applicable police regulation, notification and permissions.
Frequently asked questions
Does Section 85 ban all street music?
No. The provision concerns conduct contrary to a regulation made by the Commissioner of Police and capable of causing the specified obstruction or annoyance.
Does it apply to promotional displays?
Yes, bulky advertisements, pictures, figures and emblems may be covered when the statutory conditions are met.
What is the penalty?
Section 97 specifies a fine of up to Rs. 100 on conviction, with imprisonment of up to eight days in default of payment.