Section 97 of the Delhi Police Act, 1978 - Penalties for Offences Under Sections 80 to 96
Section 97 prescribes the penalty for contraventions of Sections 80 through 96 of the Delhi Police Act, 1978. It sets out a fine and a limited term of imprisonment in default of paying that fine. The provision should be read together with the specific section alleged to have been violated.
Full text of Section 97
Any person who contravenes any of the provisions of sections 80 to 96 (both inclusive) shall, on conviction, be punished with fine which may extend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term not exceeding eight days.
Meaning and legal effect of Section 97
Contravention means conduct that breaches a legal prohibition or requirement. Sections 80 to 96 (both inclusive) means every section from 80 through 96, including both endpoints. On conviction means the punishment follows a finding of guilt by the competent court, rather than arising automatically from an allegation or police complaint.
The provision specifies a fine that may extend to Rs. 100. This is a statutory maximum stated in the supplied text, not a mandatory fixed fine for every offence. The court considers the applicable law and facts of the case.
The additional words "in default of payment of such fine" concern non-payment of a fine imposed on conviction. The text provides for imprisonment for a term not exceeding eight days in that event. It does not describe eight days of imprisonment as the ordinary punishment for every contravention.
Which offences does Section 97 cover?
Section 97 is a general penalty provision linked to the conduct regulated in Sections 80 to 96. Whether an offence has occurred depends on the wording and requirements of the particular substantive section. Examples of nearby provisions include:
- Section 91 - Behaving indecently in public: regulates specified indecent or disorderly conduct in public and other named places.
- Section 92 - Obstructing or annoying passengers: prohibits specified wilful obstruction and disturbance of public peace or order.
- Section 93 - Misbehaviour provoking a breach of the peace: concerns threatening, abusive or insulting words or behaviour in public.
- Section 94 - Dangerous kite flying: prohibits flying kites or other things so as to cause danger, injury or alarm.
- Section 95 - Public nuisance: addresses specified acts of nuisance, including spitting or throwing refuse that annoys passers-by.
- Section 96 - Disregarding notices in public buildings: addresses smoking or spitting contrary to notices in specified public buildings.
The full range begins at Section 80, so the examples above do not exhaust the provisions covered. The text of each relevant section should be checked before applying Section 97.
How the penalty provision operates
- Identify the underlying provision. Determine which section between 80 and 96 is alleged to have been contravened.
- Establish its legal requirements. Consider the location, prohibited conduct, mental element and any statutory qualifications applicable to that section.
- Determine liability. A penalty under Section 97 follows conviction according to applicable criminal procedure.
- Apply the prescribed sentence. The supplied statutory text sets a fine ceiling of Rs. 100 and a default-imprisonment ceiling of eight days if the fine is not paid.
Relationship with other criminal laws
Section 97 is part of the Delhi Police Act, 1978. It should not be confused with the separate offences and punishments prescribed under the Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024. Where the same incident may involve an additional offence under another law, the applicable ingredients, procedural rules and rules against impermissible double punishment must be assessed independently. The introduction of the BNS does not, by itself, mean that the fine written in Section 97 has automatically changed.
Any later amendment to the Delhi Police Act, relevant notification or binding judicial interpretation must also be checked when assessing a current case.
Frequently asked questions
Does Section 97 create a standalone prohibition?
No. It prescribes punishment for contraventions of the prohibitions or requirements contained in Sections 80 to 96.
Is imprisonment automatic for violating Section 95 or Section 96?
No. Section 97 states a fine upon conviction and provides for imprisonment not exceeding eight days in default of payment of that fine.
Does Section 97 cover Section 98?
No. Its stated range ends at Section 96. Section 98 is a separate provision.
Is the fine always Rs. 100?
No. The statutory wording says the fine may extend to Rs. 100, which expresses a ceiling rather than an invariable amount.
Official legal references
For authoritative wording, consult the Delhi Police Act, 1978 - India Code PDF and the India Code legislative database to check the latest available text and amendments. For the newer general criminal law, consult the Ministry of Home Affairs and official legislation records.
Legal information only. The statutory text quoted above is preserved from the original page; the current consolidated legislation, amendments and applicable court decisions govern an actual case.