Criminal Procedure in India | Updated 16 October 2026

Section 37 CrPC and Section 31 BNSS: When the Public Must Assist Magistrates and Police

Section 37 of the Code of Criminal Procedure, 1973 (CrPC), required members of the public to assist a Magistrate or police officer who reasonably requested help in specified circumstances. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 31, effective from 1 July 2024.

Current law: Section 31 BNSS governs the duty under the new procedural law. Section 37 CrPC remains relevant when interpreting the former law and proceedings saved by the BNSS repeal-and-savings provisions.

What Section 37 CrPC provided

Section 37, titled Public when to assist Magistrates and police, required every person to assist a Magistrate or police officer who reasonably demanded assistance for the following purposes:

(a) Taking into custody, or preventing the escape of, a person whom the Magistrate or police officer was legally authorised to arrest.

(b) Preventing or suppressing a breach of the peace.

(c) Preventing attempted injury to a railway, canal, telegraph or other public property.

These are the three categories stated in the former Section 37. The requirement was qualified by the words reasonably demanding his aid.

Section 31 BNSS: Present legal provision

Section 31 BNSS, also titled Public when to assist Magistrates and police, continues the duty to provide reasonable assistance when a Magistrate or police officer requests help in:

(a) Taking or preventing the escape of a person whom that officer or Magistrate is authorised to arrest.

(b) Preventing or suppressing a breach of the peace.

(c) Preventing attempted injury to any public property.

The updated clause (c) refers to any public property without separately naming railways, canals or telegraphs. Those types of public property may still be covered by the broader wording.

Meaning and scope of the duty

1. Assistance in a lawful arrest

The duty relates to helping an authorised Magistrate or police officer take a person into custody or prevent escape. It does not independently authorise a private citizen to make an unlawful arrest or use excessive force.

2. Preventing a breach of the peace

Assistance may be sought to prevent or suppress an actual or threatened disturbance of public peace. Whether the request is reasonable depends on the circumstances.

3. Protecting public property

The provision covers assistance requested to prevent attempted damage to public property. It is not a general power to demand any kind of labour or assistance unrelated to the statutory purposes.

Is every request by the police compulsory?

No. The statutory duty is connected to a reasonable demand by a Magistrate or police officer for one of the specified purposes. It should not be read as a blanket obligation to obey every request, nor as permission to endanger oneself or violate other laws. Whether non-compliance attracts legal consequences requires consideration of the applicable penal provision and facts of the case.

CrPC and BNSS: Which law applies?

The BNSS replaced the CrPC with effect from 1 July 2024, subject to the repeal-and-savings provisions in Section 531 BNSS. The applicable procedure for a particular matter may depend on when the investigation, inquiry, trial, appeal or other proceeding began and on the statutory savings. Section 37 CrPC should therefore be read alongside Section 31 BNSS where historical or transitional questions arise.

Frequently asked questions

What is Section 37 CrPC?

It is the former procedural provision requiring the public to assist Magistrates and police officers on reasonable demand in specified situations involving arrest, public peace and protection of public property.

What is the equivalent of Section 37 CrPC in BNSS?

The corresponding provision is Section 31 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a police officer ask a citizen to help prevent an escape?

Yes, where the officer is legally authorised to arrest the person and reasonably demands assistance for taking that person or preventing escape, as described in Section 31 BNSS.

Official legal sources

Legal information for general reference. Consult the current statute and relevant case law for a specific matter.