Section 128: Prosecution for certain offences against this Act to be in the discretion of Delhi police

It shall not, except in obedience to a rule, regulation or order made by the Administrator or by the Commissioner of Police, be incumbent on the Delhi police to prosecute for an offence punishable under section 97, section 104, sub-section (1) of section 113, section 114, section 119 or section 121 when such offence has not occasioned serious mischief and has been promptly desisted from on a warning being given.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 128

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