Section 39 CrPC - Public Duty to Report Certain Offences under Section 33 BNSS
Section 39 of the Code of Criminal Procedure, 1973 required members of the public to promptly report knowledge of specified serious offences or plans to commit them. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 33 BNSS.
Meaning and scope of Section 39 CrPC
Section 39(1) required any person who knew of the commission, or intended commission, of an offence within its enumerated IPC categories to inform the nearest Magistrate or police officer forthwith, unless the person had a reasonable excuse. The burden of proving that excuse rested on the person aware of the offence.
Under Section 39(2), the term offence included conduct occurring outside India which would have been an offence if committed in India.
Offences listed under the former Section 39 CrPC
The earlier provision identified the following IPC sections and categories. These historical references are retained to explain the original law; they are not a substitute for the current BNS list.
| Former IPC sections | Nature of offences |
|---|---|
| 121-126 and 130 | Offences against the State |
| 143-145, 147 and 148 | Public tranquillity |
| 161-165A | Illegal gratification (historical IPC references) |
| 272-278 | Adulteration of food and drugs |
| 302-304 | Offences affecting life |
| 364A | Kidnapping for ransom |
| 382 | Theft after preparation to cause harm or restraint |
| 392-399 and 402 | Robbery and dacoity |
| 409 | Criminal breach of trust by public servant, etc. |
| 431 and 439 | Mischief against property |
| 449 and 450 | House trespass |
| 456-460 | Lurking house trespass |
| 489A-489E | Currency-note offences |
Historical legislative note: the kidnapping-for-ransom entry, clause (va), was inserted by Act 42 of 1993, section 3, with effect from 22 May 1993. The original page's IPC references should be read in their historical statutory context.
Section 33 BNSS - Present legal provision
Section 33(1) BNSS imposes the corresponding reporting duty on a person aware of the commission or intended commission of an offence punishable under these specified provisions of the Bharatiya Nyaya Sanhita, 2023:
- BNS sections 103 to 105
- BNS sections 111 to 113
- BNS sections 140 to 144
- BNS sections 147 to 154 and 158
- BNS sections 178 to 182
- BNS sections 189 and 191
- BNS sections 274 to 280
- BNS sections 307
- BNS sections 309 to 312
- BNS sections 316(5)
- BNS sections 326 to 328
- BNS sections 331 and 332
These categories cover, among other matters, grave offences against life, organised crime, kidnapping, offences against the State, counterfeiting, serious property offences and other offences expressly identified by Parliament. The exact BNS section number, ingredients and any amendments should be checked before classifying a particular incident.
Reasonable excuse and reporting without delay
The duty is subject to a reasonable excuse; the statutory burden of proving such excuse lies on the person aware of the offence. The word forthwith calls for prompt communication to the nearest Magistrate or police officer, rather than an indefinite delay.
Offences committed outside India
Section 33(2) BNSS includes, for the purposes of this reporting duty, an act committed outside India which would constitute an offence if committed in India. This definition does not by itself determine the separate questions of criminal jurisdiction or trial.
How to provide information
- Contact the nearest police station or Magistrate promptly when you become aware of an offence covered by the statutory list.
- Describe the facts known to you, including the location, date, persons involved and any immediate risk. Distinguish direct knowledge from information received from others.
- Preserve relevant records and evidence lawfully. Avoid confronting suspects or putting yourself or others at risk.
- For immediate danger, use the appropriate emergency police channel. The statutory reporting duty does not require personal intervention.
Legal significance
The reporting obligation is not a general requirement to report every alleged crime. It applies to the offences expressly specified in Section 33 BNSS, and its operation depends on the facts and any legally sufficient reasonable excuse. The separate offence of intentionally omitting information legally required to be given to a public servant may also require consideration under Section 211 BNS, where its elements are satisfied.
Official legal references
- Bureau of Police Research and Development - Official new criminal laws and statutory documents
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Government-hosted text
- National Crime Records Bureau - New Criminal Laws Compendium and section correspondence
- India Code - Central legislation and updated statutory texts
This article provides general legal information. Consult the current statutory text, relevant notifications and case law for any specific matter.