STATUTORY OBLIGATIONS OF CITIZENS UNDER CRIMINAL PROCEDURE CODE

Gist of Section 39 of the Code of Criminal Procedure

Section 39 of the Code of Criminal Procedure casts a duty on every person who is aware (i) of the commission of, or (ii) of the intention of any other person to commit, the twelve offenses listed below, to forthwith give such information to the nearest Magistrate or Police Officer.

Omission to give such information is punishable under the Indian Penal Code, unless it is proved that such a person had reasonable excuse for not doing so, the burden of proof being on the person concerned.

The twelve categories of offenses under the Indian Penal Code referred to above are:

• Offenses against the State, specified in Chapter VI of the Indian Penal Code;


• Offenses against public tranquility, specified in Chapter VII of the Indian Penal Code;


• Offenses relating to illegal gratification;


• Offenses relating to adulteration of food and drugs;


• Offenses affecting life (e.g., murder);


• Offence of theft, after preparation made for causing death, hurt or restraint in order to commit the theft;


• Offenses of robbery and dacoity;


• Offence of criminal breach of trust by a public servant;


• Offence of mischief against property;


• Offence of house-trespass;


• Offence of lurking house-trespass; and


• Offenses relating to currency notes and bank notes.