LawDadi legal information
Home / Delhi Police Act 1978 / Section 92
Delhi Police Act, 1978 | Section 92

Section 92 of the Delhi Police Act, 1978 - Obstructing or Annoying Passengers

Section 92 of the Delhi Police Act, 1978 protects passengers and other members of the public against deliberate obstruction, physical jostling, threatening gestures and disruptive conduct in streets and public places. The provision also addresses acts that disturb public peace or order.

Text of Section 92

No person shall wilfully push, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise, disturb the public peace or order.

Meaning and legal scope

The section has two connected concerns: intentional interference with passengers and conduct that disturbs public peace or order. The wording should be read as a whole, with attention to the place, the conduct and the circumstances.

Wilfully pushing, pressing, hustling or obstructing passengers

Wilfully ordinarily denotes deliberate conduct rather than an unavoidable accidental contact. Hustling refers to rough pushing or jostling; obstructing means impeding a passenger's movement. A crowded street does not automatically make every accidental bump an offence under this provision.

Violent movements, menacing gestures and wanton annoyance

Threatening physical movements, intimidating gestures and deliberate personal harassment can fall within the conduct described in Section 92 when the statutory requirements are met. The expression menacing gestures refers to gestures that convey a threat or intimidation, while wanton personal annoyance points to needless or reckless interference with another person.

Screaming, shouting and frightening animals

Section 92 expressly mentions screaming, shouting and deliberately frightening horses or cattle as possible ways of disturbing public peace or order. The statute does not establish a blanket prohibition on speaking loudly, protesting peacefully or ordinary street activity: the nature of the conduct and its effect on public peace or order matter.

What must be considered in an alleged violation?

  • Location: whether the incident occurred in a street or public place as contemplated by the Act.
  • Conduct: the particular pushing, obstruction, intimidation, shouting or other act alleged.
  • State of mind: whether conduct expressly described as wilful was deliberate.
  • Public effect: whether the conduct is alleged to have disturbed public peace or order, especially for the latter part of the provision.
  • Evidence: witness accounts, recordings, surrounding circumstances and any lawful police record.

Practical illustrations

  • Deliberately blocking a pedestrian and repeatedly shoving them on a public street may engage Section 92.
  • Making menacing gestures and creating a disturbance in a public place may attract the provision, depending on the facts.
  • Intentionally frightening cattle in a busy street so as to cause a public disturbance is expressly contemplated by the wording.
  • An accidental collision in a crowded market, without more, should not be equated automatically with wilful obstruction.

Penalty: Section 97 of the Delhi Police Act

Section 97 prescribes penalties for offences under Sections 80 to 96, including Section 92. The precise applicable penalty must be read from the current statutory text and any amendments in force; it should not be inferred solely from the seriousness of an incident. Other penal provisions may apply independently if their distinct legal ingredients are established.

Section 91 concerns indecent and disorderly behaviour in specified public settings. Section 93 addresses misbehaviour intended to provoke a breach of the peace. Section 83 addresses obstruction in streets and public places.

The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code for offences committed from 1 July 2024, may be relevant to a separate allegation involving assault, criminal intimidation or public nuisance, depending on its ingredients. Section 92 remains a distinct Delhi Police Act provision and must not be conflated with those offences.

Public order and lawful activity

Section 92 should be applied consistently with constitutional protections, including freedom of speech and peaceful assembly, subject to lawful restrictions. Peaceful expression is not automatically unlawful merely because it occurs in a public street; allegations require examination of the actual conduct and applicable legal conditions.

Official legal references

Legal information only. For a specific incident, verify the latest legislative text, any applicable notifications and the facts before relying on a particular provision or penalty.