CrPC Section 39 — Public to give information of certain offences

Summary

Sub-section (1) requires a person who knows that an offence listed below has been committed, or that another person intends to commit it, to report it promptly to the nearest Magistrate or police officer. The duty applies unless the person has a reasonable excuse; that person must prove the excuse. The listed offences are: (i) offences against the State under sections 121 to 126 and section 130 of the Indian Penal Code; (ii) offences against public tranquillity under sections 143, 144, 145, 147 and 148; (iii) offences relating to illegal gratification under sections 161 to 165A; (iv) offences relating to adulteration of food and drugs, etc., under sections 272 to 278; (v) offences affecting life under sections 302, 303 and 304; (va) the offence relating to kidnapping for ransom, etc., under section 364A; (vi) theft after preparation to cause death, hurt or restraint in order to commit the theft, under section 382; (vii) robbery and dacoity offences under sections 392 to 399 and section 402; (viii) criminal breach of trust by a public servant, etc., under section 409; (ix) offences of mischief against property under sections 431 and 439; (x) house-trespass offences under sections 449 and 450; (xi) offences of lurking house-trespass under sections 456 to 460; and (xii) offences relating to currency notes and bank notes under sections 489A to 489E.

Sub-section (2) says that, for this section, “offence” also includes an act committed outside India that would be an offence if committed in India.

Official Text

(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely:—

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code);

(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life); 1[

(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);

(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property);

(x) sections 449 and 450 (that is to say, offence of house trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes), shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.

(2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

Sections referred to

• CrPC §121 — Power to reject sureties
• CrPC §122 — Imprisonment in default of security
• CrPC §123 — Power to release persons imprisoned for failing to give security
• CrPC §124 — Security for unexpired period of bond
• CrPC §125 — Order for maintenance of wives, children and parents
• CrPC §126 — Procedure
• CrPC §130 — Use of armed forces to disperse assembly
• CrPC §143 — Magistrate may prohibit repetition or continuance of public nuisance
• CrPC §144 — Power to issue order in urgent cases of nuisance or apprehended danger
• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace
• CrPC §147 — Dispute concerning right of use of land or water
• CrPC §148 — Local inquiry
• CrPC §161 — Examination of witnesses by police
• CrPC §272 — Language of Courts
• CrPC §273 — Evidence to be taken in presence of accused
• CrPC §274 — Record in summons-cases and inquiries
• CrPC §275 — Record in warrant-cases
• CrPC §276 — Record in trial before Court of Session
• CrPC §277 — Language of record of evidence
• CrPC §278 — Procedure in regard to such evidence when completed
• CrPC §302 — Permission to conduct prosecution
• CrPC §303 — Right of person against whom proceedings are instituted to be defended
• CrPC §304 — Legal aid to accused at State expense in certain cases
• CrPC §382 — Petition of appeal
• CrPC §392 — Procedure where Judges of Court of Appeal are equally divided
• CrPC §393 — Finality of judgments and orders on appeal
• CrPC §394 — Abatement of appeals
• CrPC §395 — Reference to High Court
• CrPC §396 — Disposal of case according to decision of High Court
• CrPC §397 — Calling for records to exercise powers of revision
• CrPC §398 — Power to order inquiry
• CrPC §399 — Sessions Judge's powers of revision
• CrPC §402 — Power of High Court to withdraw or transfer revision cases
• CrPC §409 — Withdrawal of cases and appeals by Session Judge
• CrPC §431 — Money ordered to be paid recoverable as a fine
• CrPC §439 — Special powers of High Court or Court of Session regarding bail
• CrPC §449 — Appeal from orders under section 446
• CrPC §450 — Power to direct levy of amount due on certain recognizances
• CrPC §456 — Power to restore possession of immovable property
• CrPC §457 — Procedure by police upon seizure of property
• CrPC §458 — Procedure where no claimant appears within six months
• CrPC §459 — Power to sell perishable property
• CrPC §460 — Irregularities which do not vitiate proceedings

Old <-> New Code Mapping

• BNSS §33 — Public to give information of certain offences