Section 61 of The Delhi Police Act, 1978
Subject to the provisions of this Act and the rules, regulations and orders made thereunder, every police officer may, for the purpose of discharging any of the duties referred to in section 59 or section 60 enter without a warrant and inspect any place of public resort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicating drinks or narcotics or a place for resort of loose and disorderly characters.
Summary
- It allows any police officer to enter and inspect specific public places without needing a search warrant.
- This entry is permitted only to perform the regular executive duties of the police like enforcing the law or maintaining order.
- The officer must have a reasonable belief that the place is used to store, sell, or consume alcohol or drugs.
- It also applies to places where disorderly or badly behaved people are known to gather.
Practical examples
FAQ
1. Does a police officer need a warrant to enter a bar under Section 61 of the Delhi Police Act, 1978?
No, under Section 61 of the Delhi Police Act, 1978, a police officer does not need a warrant to enter and inspect a place of public resort if they reasonably believe it is used for storing, selling, or consuming intoxicating drinks or narcotics.
2. What specific types of places can police enter without a warrant under Section 61 of the Delhi Police Act, 1978?
Under Section 61 of the Delhi Police Act, 1978, police can enter places of public resort that they believe are used to store, sell, or consume alcohol or drugs, or where disorderly people gather.
3. Why would a police officer enter a restaurant without a warrant under Section 61 of the Delhi Police Act, 1978?
A police officer may enter under Section 61 of the Delhi Police Act, 1978, only to carry out their duties of enforcing the law or preventing public nuisance, provided they suspect the place is used for selling drugs, alcohol, or hosting disorderly characters.
4. Is the power to enter without a warrant under Section 61 of the Delhi police law completely unlimited?
No, the power under Section 61 of the Delhi Police Act, 1978, is subject to the provisions of the Act and any rules, regulations, or orders made under it, and must be for discharging specific police duties.
Test yourself
Q1.Under Section 61 of the Delhi Police Act, 1978, which of the following is a valid ground for a police officer to enter and inspect a place of public resort without a warrant?
Q2.Under Section 61 of the Delhi Police Act, 1978, whose duties under which sections of the Act is the officer authorized to discharge when entering a place of public resort?
Q3.Under Section 61 of the Delhi Police Act, 1978, which of the following places can a police officer inspect without a warrant if they suspect it hosts disorderly characters?
Q4.Under Section 61 of the Delhi Police Act, 1978, the warrantless entry power must be exercised subject to what limitations?