Delhi Police Act, 1978 | Public water protection

Section 89 Delhi Police Act, 1978: Defiling Water in Public Wells and Other Water Sources

Section 89 prohibits conduct that makes water in specified public sources less suitable for an officially designated purpose. It covers public wells, tanks, reservoirs and a range of other water sources, and focuses on the effect of defilement on their intended use.

Text of Section 89 - Defiling water in public wells, etc.

No person shall defile or cause to be defiled the water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority.

Meaning and scope of Section 89

The provision protects water sources that have been set apart for a particular use by an order of the competent authority. Its wording extends beyond drinking-water wells to reservoirs, ponds, aqueducts, sections of rivers and other means of water supply.

What does "defile" mean?

In the context of Section 89, to defile water means to foul or contaminate it in a way that makes it less fit for the purpose for which the authority has designated it. The statutory wording also covers a person who causes the water to be defiled, rather than directly placing the contaminant in it.

What must be established?

A covered water source: a public well, tank, reservoir, pond, pool, aqueduct, part of a river, stream, nullah or another source or means of water supply.
Defilement or causing defilement: conduct that fouls the water, whether directly or by causing it to occur.
Reduced suitability: the water is rendered less fit for a purpose for which it was set apart by order of the competent authority.

The precise application depends on the facts, the relevant authority's order and evidence about the condition and designated use of the water. Not every activity near a water body automatically amounts to an offence under Section 89.

Practical examples

Discharging waste into a public water tank used for an officially designated purpose, making its water less suitable for that use.
Causing refuse or other contaminants to enter a public well, affecting the suitability of its water.
Allowing a contaminating substance to enter a designated section of a stream or water-supply channel, where the statutory conditions are satisfied.

These are illustrations of how the provision may apply, not automatic findings of liability. Proof of the statutory requirements is necessary in each case.

Section 88 of the Delhi Police Act: regulates bathing or washing in or beside specified water sources where the place is not set apart for that purpose or the activity is prohibited by a competent authority's order. Unlike Section 89, it addresses specified bathing and washing conduct.

Section 90 of the Delhi Police Act: deals with obstruction of bathers and is relevant to conduct at places used for bathing.

Water (Prevention and Control of Pollution) Act, 1974: contains a separate regulatory framework for water pollution. Its provisions may be relevant to serious or industrial discharges, depending on the circumstances; Section 89 does not replace that legislation.

Section 97 of the Delhi Police Act: contains penalties for contraventions of certain provisions. The applicable punishment should be checked against the current statutory text and any amendments before relying on a particular amount or term.

Frequently asked questions

Does Section 89 apply only to drinking water?

No. The section refers to water sources set apart by the competent authority for any purpose, not exclusively drinking.

Can a person be liable for indirectly contaminating water?

The words "cause to be defiled" indicate that conduct causing defilement may also fall within the provision, provided the other requirements are met.

Is bathing in a public tank the same offence?

Not necessarily. Section 88 specifically addresses bathing and washing in designated or prohibited places, while Section 89 concerns defilement that reduces water's suitability for its designated purpose.

Official legislation and further reading

Legal note: This article explains the wording of Section 89 for general information. For an actual case, consult the current Act, relevant orders and any applicable rules or amendments.