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The Code of Criminal Procedure, 1973


CHAPTER IV : B.-AID TO THE MAGISTRATES AND THE POLICE




37. 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 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.

38. 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.

39. 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 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);

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

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

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

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

(ix) sections 431 to 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.

40. Duty of officers employed in connection with the 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, 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 Panel Code (45 of 1860), namely, sections 231 to 238 (both inclusive), sections 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), sections 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, sections 302, 304, 382, 392 to 399 (both inclusive), sections 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.

The Code of Criminal Procedure, 1973


CHAPTER I: PRELIMINARY


CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS

CHAPTER IV : A.-POWERS OF SUPERIOR OFFICERS OF POLICE

B.-AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V : ARREST OF PERSONS

CHAPTER VI : PROCESSES TO COMPEL APPEARANCE

CHAPTER VII : PROCESSES TO COMPEL THE PRODUCTION OF THINGS

15[CHAPTER VII A : RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER VIII : SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR


CHAPTER IX : ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CHAPTER XI : PREVENTIVE ACTION OF THE POLICE

CHAPTER XII : INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIII : JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CHAPTER XIV : CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

CHAPTER XV : COMPLAINTS TO MAGISTRATES

CHAPTER XVI : COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVII : THE CHARGE

CHAPTER XVIII : TRIAL BEFORE A COURT OF SESSION


CHAPTER XIX : TRIAL OF WARRANT-CASES BY MAGISTRATES

CHAPTER XX : TRIAL OF SUMMONS-CASES BY MAGISTRATES


CHAPTER XXI : SUMMARY TRIALS

CHAPTER XXII : ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS

CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXV : PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND


CHAPTER XXVI : PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

CHAPTER XXVII : THE JUDGEMENT

CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

CHAPTER XXIX : APPEALS

CHAPTER XXX : REFERENCE AND REVISION

CHAPTER XXXI: TRANSFER OF CRIMINAL CASES

CHAPTER XXXII: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES


CHAPTER XXXIII : PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXIV : DISPOSAL OF PROPERTY


CHAPTER XXXV : IRREGULAR PROCEEDINGS

CHAPTER XXXVI9 : LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER XXXVII : MISCELLANEOUS

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES
II - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS


THE SECOND SCHEDULE



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