Delhi Police Act, 1978 | Public health and water sources

Section 88 of Delhi Police Act, 1978: Bathing or Washing in Prohibited Places

Section 88 regulates bathing and washing at or beside certain public water sources in Delhi. Whether an activity is prohibited depends on the type of water source and the competent authority's order.

At a glance: Bathing or washing is restricted at public wells, tanks and reservoirs unless set apart for that purpose, and at other specified water sources where the competent authority has forbidden it by order. The two parts of the provision must be read separately.

Text of Section 88

No person shall bathe or wash in, or by the side of, a public well, tank or reservoir not set apart for such purpose by order of the competent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority.

Meaning and scope of Section 88

The provision is intended to protect shared water sources and regulate their use. It distinguishes between public wells, tanks and reservoirs, on the one hand, and ponds, pools, aqueducts, rivers, streams, nullahs and other water supplies on the other.

1. Public wells, tanks and reservoirs

Bathing or washing in or beside a public well, tank or reservoir is restricted where that location has not been set apart for the purpose by an order of the competent authority. Permission for one use or location should not be assumed to extend to every use or nearby water source.

2. Ponds, pools, aqueducts, rivers, streams and nullahs

For the other listed water sources, Section 88 addresses bathing or washing where an order of the competent authority forbids that activity. The existence and scope of the relevant order matter. A blanket prohibition covering every river, pond or stream should not be inferred from this clause alone.

3. Activities covered

The words "bathe or wash" encompass bathing and washing at the locations described in the provision. Because the wording also covers activity "by the side of" the water source, a person need not necessarily enter the water for the provision to be relevant.

Important legal terms explained

Competent authority: The authority legally empowered to issue the relevant order under the Act and applicable arrangements. The identity of that authority should be checked against the order governing the particular location.
Set apart for the purpose: A location specifically designated by an appropriate order for bathing or washing; public access alone is not equivalent to such designation.
Reservoir: A place where water is stored, including for public supply, depending on its use and legal status.
Nullah: A channel or drain carrying water, which may be natural or constructed.
Order: A direction made by the competent authority; its geographical coverage, activity restrictions and continued applicability should be verified.

Practical examples

Washing clothes beside a public reservoir: Section 88 may apply if the reservoir has not been designated for washing by the competent authority.
Bathing in a river stretch: The second part of Section 88 depends on an applicable order forbidding bathing at that stretch.
Using a designated bathing area: An area lawfully set apart for bathing may be treated differently, subject to the terms of the designation and any other applicable restrictions.
Washing beside a nullah: Check whether the competent authority has issued an order prohibiting the activity at that location.

Section 86 separately deals with certain offensive acts, including bathing or washing one's person in or near a street or public place in circumstances specified there. Section 89 concerns defiling water in public wells and similar places. Section 90 concerns obstruction of bathers.

These provisions address different conduct. The facts and the precise statutory ingredients must be considered before concluding that a particular act violates any one of them.

Penalty and enforcement

A contravention of Section 88 may attract the penalty provision applicable to offences under the Delhi Police Act, including Section 97, subject to its precise wording and any applicable amendment. The current statutory text and relevant notifications should be checked before stating the fine or other consequence in a particular case.

For a reported violation, relevant evidence may include the location, nature of the activity, whether the water source falls within the statutory description and the order or designation issued by the competent authority.

Official legal sources

Frequently asked questions

Does Section 88 prohibit bathing in every river or pond in Delhi?

No. For ponds, pools, rivers, streams, nullahs and the other water sources in the second part of the section, the prohibition is linked to an order of the competent authority.

Can washing beside a public well fall within Section 88?

Yes. The text expressly refers to washing in or by the side of a public well, tank or reservoir not set apart for the purpose.

How can someone check whether bathing is permitted?

Look for the applicable order, public notice or designation issued by the competent authority and verify its location, activities covered and current effect.

This article explains the statutory provision for general information. Local orders and subsequent legal changes should be verified for any particular incident.