Code: Section 31 BNSS
31.
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 public property.
Explanation of Section 31 BNSS
Section 31 of the BNSS places an obligation on all individuals to assist a Magistrate or police officer in certain situations. If a Magistrate or police officer requests assistance, a person must provide it reasonably in the following circumstances:
- (a) When helping to arrest or prevent someone from escaping who is authorized for arrest by law.
- (b) When helping to prevent or stop a breach of the peace (i.e., when public order is being disturbed).
- (c) When preventing damage to public property.
This section highlights the importance of public cooperation in maintaining law and order.
Illustration
Example 1: Assisting in an Arrest
A police officer is attempting to arrest a person who is attempting to flee the scene. Under Section 31, any bystander who is asked to assist can reasonably stop the individual from escaping.
Example 2: Preventing a Breach of Peace
In a situation where a public disturbance is taking place, a police officer may request assistance from individuals nearby to help prevent further escalation, as mandated by Section 31.
Common Questions and Answers on Section 31 BNSS
1. Am I required to assist the police in every situation?
- Answer: No, you are only required to assist when the police or Magistrate reasonably demands it for actions such as preventing an escape, stopping a public disturbance, or protecting public property.
2. What happens if I refuse to assist a police officer or Magistrate under this section?
- Answer: While this section does not explicitly outline punishment, refusing to assist could be seen as obstructing law enforcement, and consequences could follow depending on the specific circumstances.
3. Is there a limit to how much assistance I have to provide?
- Answer: Yes, the aid should be reasonable. You are not expected to put yourself in danger or act beyond your capacity.
Conclusion
Section 31 of the BNSS emphasizes the responsibility of individuals to support law enforcement in specific situations to maintain public order and safety. This helps ensure the effective execution of law enforcement duties, especially in critical circumstances involving arrests or the preservation of peace.
