Sections 39–40 CrPC vs Sections 33–34 BNSS — Duty of the Public and Village Officers to Report Offences

In India, Sections 33 and 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 39 and 40 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The duty to report listed offences to the nearest Magistrate or police officer is unchanged; the lists now cite the Bharatiya Nyaya Sanhita and add organised crime, terrorist acts and trafficking.

At a glance

Failure to give information one is legally bound to give is an offence under Section 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS) — formerly Section 202 of the Indian Penal Code, 1860 (IPC). Both First Schedules list it as non-cognizable, bailable and triable by any Magistrate; the BNS caps the fine at ₹5,000, where Section 202 IPC set no amount.

What changed

Section 33 BNSS (CrPC 39)

• Identical — the duty: "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" carries the same words.
• Modified — the list: Section 39(1) listed IPC sections in thirteen clauses, (i) to (xii) plus (va), each followed by a description ("that is to say, offences against the State …"). Section 33(1) lists BNS sections in twelve clauses without descriptions. The table below sets them side by side by subject.
• Expanded — new heads: Sections 111 to 113 BNS (organised crime, petty organised crime, terrorist act) and Sections 141 to 144 BNS (importation of a girl or boy from a foreign country, wrongful confinement of a kidnapped or abducted person, trafficking of person, exploitation of a trafficked person) are listed. The range 147 to 154 includes Section 152 BNS (act endangering sovereignty, unity and integrity of India).
• Omitted — illegal gratification: clause (iii) of Section 39(1) listed IPC 161 to 165A. Those sections had been repealed by Section 31 of the Prevention of Corruption Act, 1988, as the India Code IPC text records; Section 33 BNSS has no corresponding clause.
• Identical — 33(2): offences include acts committed outside India that would be offences in India.

The pairings in this table are by subject heading, as a reading; neither Act states them.

Section 34 BNSS (CrPC 40)

• Narrowed — 34(1)(b): "a thug, robber, escaped convict or proclaimed offender" becomes "a robber, escaped convict or proclaimed offender".
• Modified — 34(1)(c): "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" becomes "any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023".
• Modified — 34(1)(e) (acts near the village but outside India): the IPC list "231 to 238 … 302, 304, 382, 392 to 399 … 402, 435, 436, 449, 450, 457 to 460 … 489A, 489B, 489C and 489D" becomes the BNS list "103, 105, 111, 112, 113, 178 to 181 … 305, 307, 309 to 312 … clauses (f) and (g) of section 326, 331 or 332".
• Identical — 34(1)(a), (d) and (f): receivers of stolen property, sudden or suspicious deaths and disappearances, and matters directed by the District Magistrate "by general or special order made with the previous sanction of the State Government".
• Minor edit — 34(2)(i): "village-lands" becomes "village lands".
• Modified — 34(2)(ii): "proclaimed offender" covered a person proclaimed by a Court or authority in a territory to which the Code does not extend, for an act that would be punishable under a list of IPC sections. It now covers such a person for an act that would be punishable "with imprisonment for ten years or more or with imprisonment for life or with death" under the BNS. The Gazette text reads "an offence punishable under any of the offence punishable with …"; this page reproduces it as enacted.
• Identical — 34(2)(iii): the definition of an officer employed in connection with the affairs of the village.

Statutory text (relevant extract)

Extract, Section 33(1) BNSS (opening and operative words):

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 Bharatiya Nyaya Sanhita, 2023, namely:— … 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.

Extract, Section 40(1)(b) CrPC (repealed from 1 July 2024) and Section 34(1)(b) BNSS:

CrPC: … any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;

BNSS: … any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;

How it works

Section 33 — the general public

1. Knowledge — the person must be "aware of the commission of, or of the intention of any other person to commit" a listed offence.
2. A listed offence — only the BNS sections in the twelve clauses of Section 33(1); an offence outside the list does not attract this duty.
3. Timing and recipient — "forthwith", to "the nearest Magistrate or police officer".
4. Excuse — the duty yields to a "reasonable excuse", and the burden of proving it lies on the person who was aware.

Section 34 — village officers and residents

1. Who — "every officer employed in connection with the affairs of a village and every person residing in a village" (34(1)). A village officer is a panchayat member, the headman, and anyone appointed to perform a function connected with village administration (34(2)(iii)).
2. What — the six heads in clauses (a) to (f): receivers or vendors of stolen property; the resort or passage of robbers, escaped convicts or proclaimed offenders; commission of or intention to commit a non-bailable offence or an offence under BNS 189 or 191; sudden, unnatural or suspicious deaths, corpses and suspicious disappearances; listed acts at places outside India near the village; and matters the District Magistrate has directed.
3. To whom — "the nearest Magistrate or … the officer in charge of the nearest police station, whichever is nearer".

The penal consequence: Section 239 BNS punishes a person who, "knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give". On a reading of the two provisions together, Sections 33 and 34 BNSS are sources of such a legal duty; Section 239 requires knowledge or reason to believe, and intention, in addition to the omission.

What this means in practice

For a person who knows of a listed offence

• Give the information to the nearest Magistrate or police officer. Information about a cognizable offence given to the officer in charge of a police station is recorded under Section 173 BNSS (formerly Section 154 CrPC).
• If you did not inform, the burden of proving a reasonable excuse is yours under Section 33(1).

For panchayat members, headmen and village residents

• The duty under Section 34 covers all non-bailable offences (not only listed ones), plus unlawful assembly and rioting under BNS 189 and 191, and suspicious deaths and disappearances.
• The District Magistrate may widen the duty by general or special order, with the previous sanction of the State Government (34(1)(f)).

For defence advocates

• A prosecution under Section 239 BNS must show the accused was "legally bound" to give the information; check whether the offence is in the Section 33(1) list or the facts fall within Section 34.
• The offence under Section 239 BNS is non-cognizable and bailable, triable by any Magistrate (BNSS First Schedule), as Section 202 IPC was under the CrPC First Schedule; the fine is now capped at ₹5,000.

Judgments that still matter

Shaukat Hussain Guru v. State (NCT) Delhi & Anr., [2008] 8 S.C.R. 843 (2008 INSC 675) — 14 May 2008. P.P. Naolekar and V.S. Sirpurkar JJ. dismissed a writ petition under Article 32 by a person whose conviction had been altered by the Supreme Court to one under Section 123 IPC (concealing a design to wage war). The Court described Section 39 CrPC as putting "a burden on every person aware of the commission of, or of the intention of any other person to commit" an offence under Sections 121 to 126 IPC to inform the nearest Magistrate or police officer, with the burden of proving a reasonable excuse on the person so aware (para 16). It rejected the argument that the absence of a charge under Section 123 had denied the petitioner the chance to prove a reasonable excuse, because the defence was equally available under Sections 121, 121A and 122 IPC, with which he had been charged (para 16). The writ petition was dismissed (paras 21–22). Section 33(1) BNSS repeats the words on which that description rests.

Sivakumar v. State by Inspector of Police, [2005] Supp. 5 S.C.R. 578 (2005 INSC 600) — 8 December 2005. S.B. Sinha and P.P. Naolekar JJ. (judgment by S.B. Sinha J.) held that an extra-judicial confession made to a Village Administrative Officer was admissible: to exclude a confession the person must be a police officer, and the Village Administrative Officer "does not answer the descriptions". The Court added that while carrying out his duty to inform the police or the Magistrate "in terms of Section 40 of the Code", the village headman does not act as a public servant removable only with the sanction of the local government, nor as a Magistrate (report p. 591). The conviction under Section 304 Part II IPC (five years' rigorous imprisonment), affirmed by the High Court, was upheld and the appeal dismissed (report p. 593). Section 34 BNSS carries the same duty and the same definition of a village officer.

No Supreme Court judgment applying Sections 33 or 34 BNSS was traced in the material searched for this page as at 28 September 2026.

Which law applies to your case

Section 531(2)(a) BNSS provides that an investigation, inquiry or trial pending on 1 July 2024 continues under the CrPC "as if this Sanhita had not come into force". Whether a person was bound to give information before that date is, on a reading of the text, a question under Section 39 or 40 CrPC read with the IPC list then in force; a duty arising after it is measured against Sections 33 and 34 BNSS. See Offence before 1 July 2024 — which law applies.

Frequently asked questions

Which BNSS sections replace Sections 39 and 40 CrPC? Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 39 CrPC (public to give information of certain offences) and Section 34 BNSS replaces Section 40 CrPC (duty of village officers and residents to report). Both apply from 1 July 2024. The duties are the same in shape; the lists of offences now refer to Bharatiya Nyaya Sanhita sections.

Is every citizen bound to report a crime under Section 33 BNSS? Only for the offences listed in Section 33(1). A person aware of the commission of, or of another person's intention to commit, a listed offence must forthwith inform the nearest Magistrate or police officer, unless he has a reasonable excuse. The listed offences include murder and culpable homicide (BNS 103 to 105), organised crime and terrorist acts (111 to 113), robbery and dacoity (309 to 312) and currency offences (178 to 182).

Who has to prove a reasonable excuse for not reporting? Section 33(1) BNSS places the burden of proving the reasonable excuse on the person who was aware of the offence or intention, as Section 39(1) CrPC did. In Shaukat Hussain Guru v. State (2008 INSC 675), the Supreme Court described Section 39 CrPC as putting that burden on the person so aware.

What is the punishment for not reporting an offence one is bound to report? Section 239 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, knowing or having reason to believe that an offence has been committed, intentionally omits to give information he is legally bound to give. The punishment is imprisonment up to six months, or fine up to five thousand rupees, or both. The BNSS First Schedule lists it as non-cognizable, bailable and triable by any Magistrate.

What must village officers and residents report under Section 34 BNSS? Section 34(1) BNSS requires every village officer and every person residing in a village to inform the nearest Magistrate or officer in charge of the nearest police station about notorious receivers of stolen property, robbers, escaped convicts or proclaimed offenders, non-bailable offences and unlawful assembly or rioting (BNS 189 and 191), sudden or suspicious deaths and disappearances, and matters the District Magistrate directs by order.

Who is a village officer under Section 34 BNSS? Section 34(2)(iii) BNSS says an 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. The definition is the same as in Section 40(2)(iii) CrPC.

Is a confession made to a village officer inadmissible because of the duty to report? No, on the Supreme Court's reading of the CrPC. In Sivakumar v. State (2005 INSC 600), the Court held that a Village Administrative Officer is not a police officer, so an extra-judicial confession made to him was admissible, and that carrying out the duty to inform under Section 40 CrPC does not change his character. Section 34 BNSS repeats that duty.

Related

• Section 154 CrPC vs Section 173 BNSS — FIR
• Police refuse to register an FIR — remedies
• Organised crime — the new provisions
• Terrorist act — definition in the BNS
• Proclamation and attachment — CrPC 82-83
• Offence before 1 July 2024 — which law applies
• CrPC to BNSS master table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 33, 34 and 531, and the First Schedule entry for Section 239 BNS.
• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Section 239; section headings from the arrangement of sections.
• Code of Criminal Procedure, 1973 (India Code text): Sections 39 and 40, and the First Schedule entry for Section 202 IPC.
• Indian Penal Code, 1860 (India Code text): Section 202 and the repeal notes to Sections 161 to 165A.
• Judgments read in full text: Shaukat Hussain Guru v. State (NCT) Delhi (2008_8_843_866_EN.md); Sivakumar v. State by Inspector of Police (S_2005_5_578_593_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.