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Every person is bound to assist a Magistrate or police officer reasonably demanding his aid–
(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.
Study Notes
Section 37: Public when to assist Magistrates and Police
Duty to Assist: Every person is bound to assist a Magistrate or Police Officer reasonably demanding his aid in the following situations:
a) Taking or preventing the escape of any other person whom such Magistrate or Police officer is authorised to arrest.
b) Prevention or suppression of a breach of the peace.
c) Prevention of any injury attempted to be committed to any railway, canal, telegraph, or public property.
Reasonable Demand: The demand made by the Magistrate or Police must be reasonable depending upon the circumstances of each case. The police do not have the general power to call upon the members of the public to join them in arresting or tracing out an absconding criminal or collecting evidence to warrant conviction of any such criminal.
Punishment for Omission to Assist: Intentional omission to discharge duty under this section to assist the authorities is punishable under section 187 of the Indian Penal Code, 1860 with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Difference between Section 37 and Section 43 of Cr.P.C
Section 37 and Section 43 both confer certain powers to a private person in the matter of arresting another person, but there are some important differences between the two provisions:
Authority to Arrest: Under section 43, a private person may himself arrest a person without the intervention of any police officer, provided the person to be arrested comes under the classes specified in that section. On the other hand, under section 37, a private person cannot act on his own to arrest another person, he can only assist a magistrate or police officer requesting him to assist such officer in the matter of arresting another person if the conditions laid down in section 37 are satisfied.
Delegation of Power: Under section 37, the police officer cannot make a wholesale delegation of his power to arrest and direct the private person to effect the arrest even in the absence of the officer. However, there is no such restriction under section 43.
In summary, section 43 provides a wider authority to a private person to arrest without any intervention, while section 37 allows a private person to assist a magistrate or police officer in the matter of arresting another person but does not grant them the power to act on their own.
When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.
Study Notes
Section 38 of the Code of Criminal Procedure (CrPC) pertains to the aid to a person other than a police officer who has been directed to execute a warrant of arrest. According to this section, any person can provide assistance in executing such a warrant if the person to whom the warrant has been directed is nearby and acting in the execution of the warrant.
This section is different from Section 37 of the CrPC, which requires every person to assist a Magistrate or police officer when reasonably demanded in the taking or preventing the escape of any other person who the Magistrate or police officer is authorised to arrest, or in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph, or public property.
Under Section 38, it is not mandatory for a person to render aid when the person requiring such aid is other than a police officer who has been directed to execute a warrant of arrest under Sections 72(1) and 73(1) of the CrPC. However, if a person chooses to provide assistance in such a situation, they are protected by law as long as the conditions for protection are met. These conditions include that the aid is rendered to a person to whom a warrant for arrest has been directed for execution and such person is nearby and acting in the execution of that warrant.
Therefore, Section 38 aims to protect individuals who choose to render aid to a person executing a warrant of arrest, provided that the specific conditions laid out in the section are met.
(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.
1. Ins. by Act 42 of 1993, s. 3 (w.e.f. 22-5-1993).
Study Notes
Here are the detailed notes on Section 39 of the Code of Criminal Procedure:
1.Offences covered by Section 39: Section 39 requires every person who is aware of the commission of, or the intention to commit, any offence punishable under certain sections of the Indian Penal Code (IPC) to give information to the nearest magistrate or police officer. The sections covered by Section 39 include:
- Sections 121 to 126 and Section 130 (offences against the State specified in Chapter VI of the IPC)
- Sections 143, 144, 145, 147, and 148 (offences against public tranquillity specified in Chapter VIII of the IPC)
- Sections 161 to 165A (offences relating to illegal gratification)
- Sections 272 to 278 (offences relating to adulteration of food and drugs, etc.)
- Sections 302, 303, and 304 (offences affecting life)
- Section 364A (offence relating to kidnapping for ransom, etc.)
- Section 382 (offence of theft after preparation made for causing death, hurt, or restraint in order to the committing of the theft)
- Sections 392 to 399 and Section 402 (offences of robbery and dacoity)
- Section 409 (offence relating to criminal breach of trust by a public servant, etc.)
- Sections 431 to 439 (offence of mischief against property)
- Sections 449 and 450 (offence of house-trespass)
- Sections 456 to 460 (offences of lurking house-trespass)
- Sections 498A to 489E (offences relating to currency notes and bank notes)
- Duty to inform: Section 39 imposes a duty on every person to give information to the nearest magistrate or police officer if they are aware of the commission of, or intention to commit, any of the offences specified in the section.
2. Exemptions: The duty to inform does not apply to a person who is committing or intending to commit an offence. However, a person who has a reasonable excuse for not giving information is exempted from the duty. The burden of proving the existence of such an excuse lies on the person claiming the exemption.
3. Punishment for intentional omission: Intentional omission to give information under Section 39 is punishable under Section 176 and Section 202 of the IPC. Section 176 deals with the omission to give notice or information to a public servant by a person legally bound to give it, while Section 202 deals with the intentional omission to give information of an offence by a person bound to inform.
4.Extraterritorial application: The duty to inform under Section 39 applies not only to offences committed within India but also to acts committed outside India that would constitute an offence if committed in India.
Overall, Section 39 of the Code of Criminal Procedure is an important provision that imposes a duty on every person to report certain offences to the authorities and helps in maintaining law and order in society.
(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting–
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the Indian Penal Code (45 of 1860);
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information.
(2) In this section,–
(i) “village” includes village-lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);
(iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.
Study Notes
Section 40 of the Criminal Procedure Code (CrPC) specifies the duty of officers and residents of a village to report certain information to the nearest Magistrate or police officer. The notes on this section are as follows:
Duty of officers and residents: Every officer employed in connection with the affairs of a village and every person residing in a village shall communicate any information they possess regarding:
a. Permanent or temporary residence of any notorious receiver or vendor of stolen property in or near the village.
b. Passage or resort of any person known or suspected to be a thug, robber, escaped convict, or proclaimed offender.
c. Commission or intention to commit a non-bailable offence or an offence punishable under section 143, 144, 145, 147, or 148 of the Indian Penal Code (IPC) in or near the village.
d. Occurrence of sudden or unnatural death or death under suspicious circumstances, or discovery of any corpse or part of a corpse, or disappearance of any person in circumstances leading to reasonable suspicion that a non-bailable offence has been committed in respect of such person.
e. Commission or intention to commit an act near the village, which, if committed in India, would be an offence punishable under certain sections of the IPC.
f. Any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property as directed by the District Magistrate.
Definitions:
i. “Village” includes village-lands.
ii. “Proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under certain sections of the IPC.
iii. “Officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.