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DELHI POLICE ACT, 1978
34 of 1978
27th August, 1978
An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Delhi Police Act, 1978.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall be deemed to have come into force on the 1st day of July, 1978.
SECTION 02: DEFINITIONS
-In this Act, unless the context otherwise requires,-
(a) "Administrator" means the Administrator of Delhi appointed under Article 239 of the
Constitution;
(b) "cattle" includes elephants, camels, horses, asses, mules, sheep, goats and swine,
(c) "competent authority", when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the Commissioner of Police appointed under section 6-or any other police officer specially empowered in that behalf by the Central Government,
(d) "constable" means a police officer of the lowest grade;
(e) "Corporation" means the Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(f) "Delhi" means the Union territory of Delhi;
(g) "Delhi police" or "police force" means the police force referred to in section 3-and includes-
(i) all persons appointed as special police officers under sub- section (1) of section 17-and additional police officers appointed under section 18 -; and
(ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi;
(h) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning, or having any interest in, or managing, such place and includes-
(i) a refreshment room, boarding house or coffee house, or
(ii) a shop where any kind of food or drink is supplied to the public for consumption in or near such shop, but does not include a place of public entertainment;
(i) ''municipality " means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or any part of Delhi;
(j) "place" includes-
(i) any building, tent, booth or other erection, whether permanent or temporary; and
(ii) any area, whether enclosed or open;
(k) "place of public amusement" means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admit- ted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
(l) "place of public entertainment" means a lodging house, boarding and lodging house or
residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place;
(m) "police officer" means any member of the Delhi police;
(n) "prescribed" means prescribed by rules;
(o) "public place" means ally place to which the public have access, whether as of right or not, and includes-
(i) a public building and monument and precincts thereof; and
(ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation ;
(h) "regulations" means regulations made under this Act;
(q) "rules" means rules made under this Act ;
(r) "street" includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare;
(s) "subordinate ranks" means members of the police force of and below the rank of the Inspector;
(t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane.
SECTION 03: ONE POLICE FORCE FOR THE WHOLE OF DELHI
-There shall be one police force for the whole of Delhi and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the force includ- ing the Delhi Armed Police.
SECTION 04: SUPERINTENDENCE OF POLICE FORCE TO VEST IN THE ADMINISTRATOR
-The superintendence of the Delhi police throughout Delhi shall vest in, and be exercisable by the Administrator and any control, direction or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence.
SECTION 05: CONSTITUTION OF POLICE FORCE
-Subject to the provisions of this Act,-
(a) the Delhi police shall consist of such number in the several ranks and have such organization and such powers, functions and duties as the Administrator may, by general or special order, determine; and
(b) the recruitment to, and the pay, allowances and all other condi- tions of service of the members of, the Delhi police shall be such as may be prescribed : Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service.
SECTION 06: COMMISSIONER OF POLICE
-For the direction and supervision of the police force in Delhi, the Administrator shall appoint a Commissioner of Police who shall exercise and perform such powers and duties and perform such functions as are specified by or under this Act.
SECTION 07: ADDITIONAL COMMISSIONER OF POLICE
(1) The Administrator may appoint one or more Additional Commissioners of Police for the purposes of this Act.
(2) The Additional Commissioner of Police shall-
(a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and
(b) exercise such powers and perform such duties of the Commis- sioner of Police and within such local limits, as the Administrator may, by general or special order, specify.
SECTION 08: DEPUTY, ADDITIONAL DEPUTY AND ASSISTANT COMMISSIONERS OF POLICE
(1) The Administrator may appoint one or more Deputy Commis- sioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the purposes of this Act.
(2) Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (except the power to make regulations) and perform such of the duties of the Commissioner of Police and within such local limits as may be specified in such orders.
SECTION 09: APPOINTMENT OF PRINCIPALS OF POLICE TRAINING INSTITUTIONS
(1) (a) The Administrator shall appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the Police Train - ing School for Delhi
(b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training School such powers and duties as he may deem fit for the proper functioning of that School.
(2) (a) The Administrator may establish a Police Training College for Delhi and appoint a police officer of appropriate rank to be the Principal of such College.
(b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training College such powers and duties as he may deem fit for the proper administration of that College.
SECTION 10: CONSTITUTION OF POLICE DISTRICTS, SUB-DIVISIONS AND POLICE STATIONS
-Subject to the control of the Administrator, the Commissioner of Police shall-
(a) constitute police districts within Delhi;
(b) divide such police districts into police sub-divisions and specify the police stations comprised in each such sub-division; and
(c) define the limits and extent of such police districts, police sub- divisions and police stations.
SECTION 11: OFFICERS IN CHARGE OF POLICE DISTRICTS, POLICE SUB-DIVISIONS AND POLICESTATIONS
(1) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police.
(2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police and each police station shall be under the charge of an Inspector of Police.
SECTION 12: APPOINTMENT OF SUBORDINATE RANKS
-Subject to such general or special orders in writing as the Administrator may make in this behalf,-
(a) Inspectors of Police may be appointed by the Additional Com- missioner of Police; and
(b) Sub-Inspectors of Police and other officers of subordinate rank may be appointed by the Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of the Police Training College or of the Police Training School, or any other police officer of equivalent rank.
SECTION 13: CERTIFICATE OF APPOINTMENT
(1) Every police officer of the rank of Inspector and below shall on enrolment receive a certificate of appointment.
(2) The certificate shall be issued under the seal of such officer, and shall be in such form, as the Administrator may, by general or special order, specify.
(3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Delhi police or shall remain inoperative during the period such person is suspended from the Delhi police.
SECTION 14: EFFECT OF SUSPENSION OF POLICE OFFICER
The powers, functions and privileges vested in a police officer shall remain suspended while such police officer is under suspension from office: Provided that notwithstanding such suspension such person. shall not cease to be a police officer and shall continue to be subject to the control of the same authorities to which he would have been subject if he had not been under suspension.
SECTION 15: GENERAL POWERS OF COMMISSIONER OF POLICE
The Commissioner of Police shall direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws) orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the police force under him.
SECTION 16: POWER OF COMMISSIONER OF POLICE TO INVESTIGATE AND REGULATE MATTERS OFPOLICE ACCOUNTS
-The Commissioner of Police shall have the authority to investigate and regulate all matters of account connected with the Delhi police and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.
SECTION 17: SPECIAL POLICE OFFICERS
(1) The Commissioner of Police may, at any time, by a written order, signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers fit, to be a special police officer to assist the Delhi police on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area.
(2) The Commissioner of Police shall publish the names of special police officers appointed under this section in such manner as may be prescribed.
(3) Any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the Com- missioner of Police within fifteen days of such appointment and the Commis- sioner may accept such objection and cancel the appointment of such officer or, after giving to the objector an opportunity to be heard, reject the objection.
(4) Every special police officer appointed under this section shall, on appointment,-
(a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf;
(b) have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer.
SECTION 18: ADDITIONAL POLICE OFFICERS
-Where additional police officers are required to be deputed under section 38-,Section 39-orSection 40- the Com- missioner of Police may appoint such number of additional police officers as he considers necessary and every such additional police officer shall, on appointment, -
(a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf;
(b) have such of the powers, privileges and immunities and perform such of the duties of a police officer as are specifically mentioned in the certificate; and
(c) be subject to the same authorities as an ordinary police officer of the same or similar rank or grade.
SECTION 19: FRAMING OF REGULATIONS FOR ADMINISTRATION OF THE POLICE
- Subject to the orders of the Administrator, the Commissioner of Police may make regulations not inconsistent with this Act or any other law for the time being in force-
(a) regulating the inspection of the police force by his subordinates ;
(b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police;
(c) prescribing the places of residence of members of the police force;
(d) for institution, management and regulation of any police fund for any purpose connected with police administration;
(e) regulating the distribution, movements and location of the police;
(f) assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to which they shall exercise and perform their respective powers and duties;
(g) regulating the collection and communication by the police of intelligence and information;
(h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties.
SECTION 20: COMMISSIONER OF POLICE MAY CALL FOR RETURNS
-The Commis- sioner of Police may call for such returns, reports and statements on any subject connected with the prevention and detection of crime, the mainte- nance of order and the performance of the duties of his subordinates as such subordinates may be able to furnish to him.
SECTION 21: POWERS OF PUNISHMENT
(1) Subject to the provisions of Article 311 of the Constitution and the rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely :-
(a) dismissal;
(b) removal from service ;
(c) reduction in rank;
(d) forfeiture of approved service ,
(e) reduction in pay ;
(f) withholding of increment ; and
(g) fine not exceeding one month's pay.
(2) Subject to the rules-
(a) any police officer specified in sub-section ( I ) may award the punishment of censure to any police officer of subordinate rank;
(b) the Assistant Commissioner of Police may award the punish- ment of censure to police officers of, or below, the rank of Sub-Inspectors of Police;
(c) any police officer of, and above, the rank of Inspector may award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables.
(3) Nothing in sub-section (1) or sub-section (2) shall affect any police officer's liability for prosecution and punishment for any offence committed by him.
(4) The Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Assistant Commissioner of Police, or any other police officer of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct.
(5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct.
SECTION 22: PROCEDURE FOR AWARDING PUNISHMENTS
-When any officer passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, withholding of increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules.
SECTION 23: APPEAL FROM ORDERS OF PUNISHMENT
-An appeal against any order of punishment passed against a police officer, under section 21-or the rules thereunder [not being an order of punishment under clause (c) of sub- section (2) of that section] shall lie-
(a) where the order is passed by the Commissioner of Police, to the Administrator;
(b) where the order is passed by an Additional Commissioner of Police, to the Commissioner of Police;
(c) where the order is passed by a Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner of Police or any other officer of equivalent rank, to the Additional Commissioner of Police.
SECTION 24: POLICE OFFICERS TO BE DEEMED TO BE ALWAYS ON DUTY AND TO BE ILABLE TOEMPLOYMENT IN ANY PART OF DELHI
-Every police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty and any police officer or any number or body of police officers allocated for duty in any part of Delhi may, if the Commissioner of Police so directs, at any time, be employed on police duty in any other part of Delhi for so long as the services of the police officer or number or body of police officers may be required insuch other part of Delhi.
SECTION 25: CIRCUMSTANCES UNDER WHICH POLICE OFFICER OF SUBORDINATE RANK MAY RESIGN
(1) Resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so empowered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank.
(2) A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation : Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months' pay in lieu of notice.
(3) A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period.
(4) Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involve training at any Police Training College or Police Training School may not be permitted to resign within three years from the date of their successfully completing the training.
(5) No police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as such police officer to Government or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other Govern- ment property in his possession and has also rendered a complete account of all Government money and property for which he is responsible.
(6) Notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to with- draw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund : Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession before he is permitted to withdraw from duty.
(7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22-or any other law for the time being in force.
(8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by the appointing authority a Discharge Certi- ficate in such form as may be prescribed.
SECTION 26: CERTIFICATE) ARMS, ETC., TO BE DELIVERED BY PERSON CEASING TO BE A POLICEOFFICER
(1) Every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Com- missioner of Police, the Additional Commissioner of Police, Deputy Commis- sioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office.
(2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Addi- tional Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found) any certificate,
arms, accoutre - ments, clothing or other accessories not delivered under sub-section (1).
(b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued underthe Code of Criminal Procedure, 1973 (2 of 1974)-.
(3) Nothing in this section shall apply in relation to any article which under the orders of the Commissioner of Police has become the property of the person to whom the same was provided.
SECTION 27: OCCUPATION OF, AND LIABILITY TO VACATE, PREMISES PROVIDED FOR POLICE OFFICERS
(1) A police officer occupying any premises 'provided by the Commissioner of Police for his residence shall-
(a) occupy the same subject to such terms and conditions as may, by general or special order, be specified by the Commissioner of Police; and
(b) notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised by the Administrator in this behalf considers it, for reasons to be re - corded in writing, necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Administrator or the officer authorised in this behalf by the Administrator may order such person to vacate the premises and may direct any police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction.
SECTION 28: POWER TO MAKE REGULATIONS FOR REGULATING TRAFFIC AND FOR PRESERVATION OF ORDER IN PUBLIC PLACES, ETC
(1) The Commissioner of Police may, by notification in the Official Gazette, make regulations to provide for all or any of the following matters, namely :-
(a) licensing and controlling persons offering themselves for employ- ment, outside railway stations and other places where passengers arrive, for the carriage of passengers' baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed ;
(b) regulating traffic of all kinds in streets and other public places, and the use of streets and other public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public;
(c) regulating the conditions under which vehicles may remain stand- ing in streets and other public places, and the use of streets as halting places for vehicles or cattle ;
(d) specifying the number and position of lights to be used on vehi- cles in streets and the hours between which such lights should be used;
(e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic;
(f) specifying certain hours of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations, along the streets, or along certain specified streets;
(g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;
(h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance;
(i) licensing, controlling or, in order to prevent obstruction, incon- venience, annoyance, risk, danger or damage to the residents or passengers i
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