Section 96 of the Delhi Police Act, 1978 - Disregard of Notice in Public Building

Section 96 addresses smoking or spitting in specified public buildings when that conduct is contrary to a notice displayed by the competent authority in charge of the premises. The rule helps maintain cleanliness and order in courts, police premises and government or local-body buildings.

Text of Section 96 - Disregard of notice in public building

Meaning and scope of Section 96

The provision is directed at smoking or spitting contrary to a displayed notice in the types of premises specifically named by the Act. It does not, by itself, create a general prohibition on every activity in every public place.

Which premises are covered?

• Courts: court premises covered by the statutory description.
• Police stations and police offices: premises used for police administration or station functions.
• Government-occupied buildings: buildings occupied by Government.
• Buildings occupied by a local body: premises occupied by a local authority or local body, as applicable under the Act.

What is the role of the notice?

The text expressly requires a notice displayed in the relevant premises by the competent authority in charge. For an allegation under this section, the contents, display and authority for the notice are material facts. A general warning from an unrelated person should not automatically be treated as a statutory notice.

Essential ingredients of a contravention

1. The incident occurred in a category of premises specified in Section 96.
2. A notice concerning smoking or spitting was displayed there by the competent authority in charge.
3. The person smoked or spat in contravention of that displayed notice.

Whether these ingredients are established depends on the actual notice, the location and the evidence. The section should be read as written rather than extended to conduct that it does not expressly cover.

Practical examples

• A visitor smokes inside a police station despite a displayed no-smoking notice issued by the authority in charge.
• A person spits in a government-occupied building in contravention of a displayed prohibition notice.
• A person smokes in a local-body building where the responsible authority has displayed a notice prohibiting smoking.

These are illustrative situations, not conclusions about liability in a particular case.

Relationship with other smoking and public-health laws

Section 96 is a specific Delhi Police Act provision concerning displayed notices in specified premises. Separately, Section 4 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) prohibits smoking in a public place, subject to the statutory framework and applicable rules. The COTPA definition of public place in Section 3(l) is broader than the list of buildings in Section 96. Accordingly, the legal basis for action should be identified accurately; Section 96 and COTPA should not be treated as identical offences.

Other sanitation, municipal or premises-specific rules may also be relevant to spitting or cleanliness, but their applicability depends on the particular law, notification and facts.

Penalty and enforcement

Section 97 of the Delhi Police Act, 1978 contains penalty provisions for offences under Sections 80 to 96. The applicable punishment must be checked against the current official statutory text and any relevant amendments; this article does not assume a fixed amount without that verification. Penalties under other laws, where independently applicable, are governed by those laws.

If a notice is being disregarded, the incident may be brought to the attention of the authority in charge of the premises or the appropriate police officer. A photograph or accurate description of the displayed notice, together with the location and time, may help clarify the issue.

Related provisions

• Section 95 - Committing nuisance in or near a street: addresses specified nuisance, spitting and throwing refuse near streets or public places.
• Section 97 - Penalties for offences under Sections 80 to 96: the Act's linked penalty provision.
• Section 91 - Behaving indecently in public: a separate public-conduct rule.

Official legal sources

Consult the Delhi Police Act, 1978 (India Code PDF) for the statutory wording, definitions and penalty provisions, and use the India Code portal to check the current text and amendments. For the separate national prohibition on smoking in public places, see the COTPA, 2003 on India Code (Sections 3 and 4).

Frequently asked questions

Does Section 96 prohibit smoking everywhere in Delhi?

No. Section 96 concerns smoking or spitting contrary to a displayed notice in the specified premises. Broader smoking restrictions may arise under COTPA and other applicable rules.

Does the provision cover spitting as well as smoking?

Yes. Both actions are expressly named, provided the other requirements of Section 96 are satisfied.

Does a notice matter?

Yes. The section specifically refers to a notice displayed by the competent authority in charge of the premises.

This article is general legal information, not advice about a particular incident. The official Act, relevant notices and applicable amendments control.