CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
30. Powers of Superior Officers of Police: –
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.
COMMENT
Section 30 relates to powers of superior officers of police.
It provides that the police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.
CORRESPONDING OLD LAW
This section corresponds to section 36 of criminal Procedure Code 1973.
31. Public when to assist Magistrates and police : –
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 preventing or suppression of a breach of the peace; or
(c) In the prevention of any injury attempted to be committed to any public property.
COMMENT
Section 31 relates to public when to assist Magistrates and police.
It provides that every person be bound to assist a Magistrate or police officer reasonably demanding his aid under given circumstances.
CORRESPONDING OLD LAW
This section corresponds to section 37 of criminal Procedure Code 1973.
32. Aid to person, other than police officer, executing warrant : –
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.
COMMENT
Section 32 relates to aid to person, other than police officer, executing warrant.
It provides that a warrant be 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 were near at hand and acting in the execution of the warrant.
CORRESPONDING OLD LAW
This section corresponds to section 38 of criminal Procedure Code 1973.
33. Public to give information of certain offences : –
(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 Bharatiya Nyaya Sanhita, 2023 namely:-
(i) Sections 103 to 105 (both inclusive);
(ii) Sections 111 to 113 (both inclusive);
(iii) Sections 140 to 144 (both inclusive);
(iv) Sections 147 to 154 (both inclusive);
(v) Sections 178 to 182 (both inclusive);
(vi ) Sections 189 to 191 (both inclusive);
(vii) Sections 274 to 280 (both inclusive);
(viii) Section 307 ;
(ix) Sections 309 to 312 (both inclusive);
(x) Sub-section (5) of section 316;
(xi) Sections 326 to 328 (both inclusive); and
(x) Sections 331 to 332,
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.
COMMENT
Section 33 relates to public to give information of given offence under this section.
CORRESPONDING OLD LAW
This section corresponds to section 39 of criminal Procedure Code 1973.
34. Duty of officers employed in connection with affairs of a village to make certain report : –
(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, 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 ot any place within, or the passage through, such village of any person whom he know, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;
(c) The commission of, or intention to commit, in or near such village any non-bailable offence for any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;
(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-bailabel offence has been committed in respect of such person;
(e) The commission of, or intention to commit, at any place out or India near such Village any act which, if committed in India, would be an offence punishable under any of the following section s of the Bharatiya Nyaya Sanhita, 2023 namely, 103, 015, 111, 112, 113, 178, to 181(both inclusive), 305, 307, to 312 (both inclusive), clauses(f) and (g) of section 326, 331, or 323;
(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 Direct 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 land;
(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 Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment ofr ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;
(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.
COMMENT
Section 34 relates to duty of officer employed in connection with affairs of a village to make certain report.
CORRESPONDING OLD LAW
This section corresponds to section 40 of criminal Procedure Code 1973.
