Code
(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 Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 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, 302, 304, 382, 392 to 399 (both inclusive), 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.
Explanation
This section mandates village officers, such as headmen, patels, or other designated officials, to promptly report the following to the nearest police station:
- Any occurrence of death, whether natural or unnatural.
- Any occurrence of grievous hurt.
- Any occurrence of crime, including theft, robbery, dacoity, etc.
- Any suspicious circumstances that may lead to the commission of a crime.
- Any information about the whereabouts of wanted criminals.
Illustration
Suppose a village officer witnesses a fight where someone sustains serious injuries. He has a legal obligation under Section 40 of CrPC to immediately report this incident to the nearest police station.
Common Questions and Answers
Q: What happens if a village officer fails to report?
A: Failure to report can result in legal action against the officer, including penalties and even imprisonment.
Q: Can any citizen report incidents to the police?
A: Yes, anyone can report incidents to the police, and it is encouraged to do so. However, village officers have a specific duty under CrPC Section 40.
Q: Is the village officer required to investigate?
A: No, the village officer’s duty is to report the incident to the police. It is the police’s responsibility to investigate further.
