CrPC 39 — Public to give information of certain offences

Code of Criminal Procedure, 1973

Statutory 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);

[(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.

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