Section 150 of The Delhi Police Act, 1978
Without prejudice to the provisions contained in section 149,
- (a)the police force functioning in Delhi immediately before the commencement of this Act (hereafter in this section referred to as the existing police force) shall, on such commencement, be deemed to be police force constituted under this Act and every member of the existing police force holding the office mentioned in column (1) of Schedule III, immediately before such commencement, shall be deemed to be appointed, on such commencement, to the office mentioned in the corresponding entry in column (2) of that Schedule;
- (b)all proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force, immediately before the commencement of this Act shall on such commencement be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly;
- (c)where any power or function which may be exercised or discharged under any law by a District Magistrate or Executive Magistrate immediately before the commencement of this Act has been conferred on the Commissioner of Police or any other police officer by or under this Act, all proceedings in relation to or arising from the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or the Executive Magistrate, as the case may be, shall, on the conferment of such power or function on the Commissioner of Police or other police officer stand transferred to the Commissioner of Police or other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.
Summary
- The entire police force that was already working in Delhi right before this law started is officially deemed to be the police force established under this Act.
- Old police ranks and designations are systematically converted into the new ranks specified in Schedule III of this Act.
- All ongoing investigations and other police proceedings that were pending when this Act started are treated as pending under the new corresponding officer.
- Court cases or administrative proceedings previously handled by District or Executive Magistrates that are now given to the police are transferred to the Commissioner of Police or designated officers.
- Transferred proceedings can either be started completely fresh, known as de novo, or continued from the exact stage where they were left off.
Practical examples
FAQ
1. What happens to the existing Delhi police force once the Delhi Police Act, 1978 comes into force?
Under Section 150 of the Delhi Police Act, 1978, the existing police force functioning in Delhi is deemed to be the police force constituted under this Act.
2. How are old designations like Inspector General converted under Section 150 of the Delhi Police Act, 1978?
Under Section 150 of the Delhi Police Act, 1978, old designations are converted to new posts as per Schedule III. For example, the Inspector General of Police is deemed appointed as the Commissioner of Police.
3. What happens to pending magistrate proceedings when their powers are transferred to the police under Section 150 of the Delhi Police Act, 1978?
Under Section 150 of the Delhi Police Act, 1978, such pending proceedings before a District or Executive Magistrate are transferred to the Commissioner of Police or other designated police officer.
4. Can a police officer start a transferred case from the beginning under Section 150 of the Delhi Police Act, 1978?
Yes, Section 150 of the Delhi Police Act, 1978 allows the officer to whom the proceedings are transferred to either proceed completely fresh, which is de novo, or continue from the stage of the transfer.
Test yourself
Q1.Under Section 150 of the Delhi Police Act, 1978, what happens to the existing police force that was already functioning in Delhi?
Q2.Section 150 of the Delhi Police Act, 1978 mentions Schedule III. If a police officer held the rank of Inspector General of Police before the Act, what post are they deemed appointed to?
Q3.Under Section 150 of the Delhi Police Act, 1978, when pending proceedings of a District Magistrate are transferred to the Commissioner of Police, how may the Commissioner proceed?
Q4.Under the Delhi Police Act, 1978, how do the saving provisions in Section 149 and the transitional provisions in Section 150 interact regarding pending proceedings?