Criminal procedure law in India

CrPC Section 40 and BNSS Section 34: Duty of Village Officers and Residents to Report Crime

The former Section 40 of the Code of Criminal Procedure, 1973 required village officers and residents to promptly report specified crime-related and public safety information. From 1 July 2024, the corresponding provision is Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The CrPC was repealed by Section 531 of the BNSS, subject to savings and transitional provisions. For present-day reporting duties, consult BNSS Section 34; older proceedings may require consideration of the saved CrPC provisions.

What does BNSS Section 34 require?

Under Section 34(1), every officer employed in connection with village affairs and every person residing in a village must forthwith communicate information they possess concerning specified matters to the nearest Magistrate or the officer in charge of the nearest police station, whichever is nearer. "Forthwith" means without avoidable delay.

Information that must be reported

The six categories under Section 34(1)(a) to (f) include:

  1. Residence of a notorious receiver or seller of stolen property in or near the village.
  2. Arrival, passage or presence of a suspected robber, escaped convict or proclaimed offender.
  3. Commission or planned commission of a non-bailable offence or offences under BNS sections 189 and 191.
  4. Sudden, unnatural or suspicious death; discovery of a body or body part in suspicious circumstances; or a disappearance suggesting a non-bailable offence.
  5. Specified serious acts committed or planned outside India near the village, as enumerated in section 34(1)(e).
  6. Other matters affecting public order, crime prevention or safety that the District Magistrate has directed to be reported with prior State Government sanction.

For the precise statutory scope of cross-border offences, Section 34(1)(e) specifies BNS sections 103, 105, 111, 112, 113, 178 to 181, 305, 307, 309 to 312, clauses (f) and (g) of section 326, and sections 331 and 332. The statutory wording should be consulted before determining whether a particular incident is covered.

Definitions under Section 34(2)

Village

Under clause (i), the term "village" includes village lands.

Proclaimed offender

Clause (ii) extends the expression to certain persons proclaimed by a court or authority in a territory to which the BNSS does not extend, where the relevant act would attract punishment of ten years or more, life imprisonment or death under the Bharatiya Nyaya Sanhita, 2023, as provided in that clause.

Officer employed in village affairs

Clause (iii) includes a member of the village panchayat, the village headman and any officer or person appointed to perform functions connected with village administration.

How was CrPC Section 40 different?

Section 40 of the CrPC addressed the same broad reporting obligation. Its clause (b) expressly referred to a "thug" alongside a robber, escaped convict or proclaimed offender; the corresponding BNSS clause omits that term. The older law referred to the Indian Penal Code, 1860, including IPC sections 143, 144, 145, 147 and 148 in clause (c), whereas BNSS Section 34 refers to BNS sections 189 and 191. The specified offences in clause (e) and the definition of proclaimed offender have also been updated.

Practical implications

A village resident or administrative officer who becomes aware of information falling within Section 34 should communicate the relevant facts promptly to the appropriate Magistrate or police station. Report what is known, distinguish facts from suspicion and preserve any relevant details. The section creates a duty to communicate information; it does not authorise private arrest, investigation or punishment.

Official legislation and references

Updated: 16 October 2026. This article is general legal information; statutory text and applicable transitional rules govern individual cases.