Code
(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) and section 158;
(v) sections 178 to 182 (both inclusive);
(vi) sections 189 and 191;
(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
(xii) sections 331 and 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.
Explanation
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) imposes a legal obligation on individuals to report certain serious offences to the authorities. It applies to anyone who is aware of the commission or planned commission of these offences.
The offences covered under this section are:
- Offences against public tranquility: Rioting, unlawful assembly, causing fear or alarm (Sections 140-154, 158).
- Offences relating to public servants: Public servant disobeying law, wrongful confinement by public servant (Sections 178-182).
- Offences relating to public order: Disobedience to order duly promulgated by a public servant, obstructing a public servant (Sections 189-191).
- Offences relating to adulteration of food and drinks: (Sections 274-280).
- Offences against human life and body: Attempt to murder, attempt to commit suicide, culpable homicide (Sections 307, 309-312, 316(5)).
- Offences against human body: Voluntarily causing grievous hurt, voluntarily causing hurt (Sections 326-328).
- Offences against property: Voluntarily causing hurt in committing robbery, voluntarily causing hurt in committing dacoity (Sections 331-332).
If a person is aware of any of these offences, they are legally required to inform the nearest Magistrate or police officer immediately. Failure to do so without a valid excuse can result in legal consequences.
Illustration
Imagine you witness a group of individuals planning to vandalize a public building. You are aware of their intention to commit an offence under Sections 147-154 (rioting). According to Section 33 of the BNSS, you are obligated to report this information to the authorities. Failing to do so could lead to legal action against you.
Common Questions and Answers
Q: What constitutes a “reasonable excuse” for not reporting an offence?
A: The “reasonable excuse” must be justifiable and will be assessed on a case-by-case basis. Examples might include fear for personal safety or the belief that reporting the offence would be futile.
Q: Can I be penalized for reporting false information?
A: Yes, providing false information to the authorities is an offence in itself and can result in legal repercussions.
Q: What if the offence occurred outside of India?
A: The BNSS extends this obligation to any act committed outside India that would constitute an offence if it were committed within India.
Q: What are the potential consequences of failing to report an offence?
A: Penalties for not reporting an offence under Section 33 can range from fines to imprisonment. The specific punishment will depend on the nature of the offence and the circumstances of the case.
