Section 34 of The Delhi Police Act, 1978
- (1)In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested and all persons concerned shall obey such orders.
- (2)Every such order shall be published in the locality or place wherein it is to operate.
- (3)Every order under sub-section (1) shall be subject to any judgment, decree, injunction or order made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the competent authority that such order is inconsistent with a judgment, decree, injunction or order of such court.
Summary
- The competent authority can issue orders to keep peace during actual or planned religious, ceremonial, or corporate displays, exhibitions, or gatherings in public spaces.
- These orders can be issued if a dispute exists that is likely to cause a serious disturbance of the peace.
- The orders must regulate how the participants behave toward each other and the general public, based on their legal rights and established local practices.
- Every order issued under this section must be formally published in the specific area where it will be active.
- These police orders are subservient to court rulings and must be modified or canceled if they conflict with any court judgment, decree, or injunction.
Practical examples
FAQ
1. Who can issue peace orders for public gatherings under Section 34 of The Delhi Police Act, 1978?
Under Section 34 of The Delhi Police Act, 1978, the competent authority, which means the Commissioner of Police or a specially empowered police officer, has the power to issue these orders.
2. How are Section 34 orders made known to the public under the Delhi Police Act?
Under Section 34 of the Delhi Police Act, every order issued to keep peace at public displays must be published in the specific locality or place where it is meant to operate.
3. What happens if a Section 34 police order conflicts with a court decision under this Delhi police law?
Under Section 34 of this Delhi police law, the police order is subject to court rulings, and the competent authority must alter or cancel the order if it is inconsistent with a court's judgment, decree, or injunction.
4. What must the police consider when drafting a conduct order under Section 34 of the 1978 Act?
Under Section 34 of the 1978 Act, the competent authority must consider the apparent legal rights and established practices of the parties and interested persons.
Test yourself
Q1.Under Section 34 of The Delhi Police Act, 1978, what is the legal status of a police order if it conflicts with a court injunction?
Q2.What factor must the competent authority respect when issuing a conduct order under Section 34 of The Delhi Police Act, 1978?
Q3.Under Section 34 of The Delhi Police Act, 1978, where must a public order regarding a ceremonial display be published?
Q4.What is the mandatory minimum imprisonment for violating an order issued under Section 34 of The Delhi Police Act, 1978, as per the penalty section?
Q5.Under Section 59 of The Delhi Police Act, 1978, what is required for a police officer to arrest someone without a warrant for violating an order to keep peace during a public assembly under Section 34 of the Act?