Section 474 of The Delhi Municipal Corporation Act, 1957 in hindi
- (1)Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder, if—
- (a)the name and address of such person be unknown to him, and
- (b)such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
- (2)No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
Summary
- This provision gives police officers the power to arrest someone committing a municipal offence right in front of them.
- A police officer can only make this arrest if an authorised officer, like a Deputy Commissioner, makes a formal complaint.
- The arrest is only allowed if the offender's name and address are unknown, and they refuse to provide them or give fake details.
- An arrested person cannot be held in custody for more than twenty-four hours without a judge's order.
- Once the person's true name and address are discovered, they must be released from custody.
Practical examples
FAQ
1. When can police arrest someone under Section 474 of The Delhi Municipal Corporation Act, 1957?
Under Section 474 of The Delhi Municipal Corporation Act, 1957, police can arrest someone committing an offence in their view if an authorised officer complains, and the offender refuses to give a true name and address.
2. How long can police hold an offender under Section 474 of the municipal law?
Under Section 474 of the municipal law, a person cannot be detained for more than twenty-four hours without a magistrate's order, excluding travel time to the court.
3. Can police arrest you if you provide a valid ID under Section 474 of the 1957 Act?
No, under Section 474 of the 1957 Act, if you provide your true name and address, the police cannot arrest you for this type of offence.
Test yourself
Q1.Under Section 474 of The Delhi Municipal Corporation Act, 1957, what is the lowest rank of officer who can authorise a complaint for an arrest?
Q2.Under Section 474 of The Delhi Municipal Corporation Act, 1957, what behavior by the offender triggers the right of the police to arrest them?
Q3.Under Section 474 of The Delhi Municipal Corporation Act, 1957, what is the maximum time a person can be detained without a magistrate's order?
Q4.Under Section 474 of The Delhi Municipal Corporation Act, 1957, what specific time is excluded from the twenty-four hour detention limit?
Q5.Combining Section 474 and Section 470 of The Delhi Municipal Corporation Act, 1957, which specific type of magistrate would the police present the arrested offender to?