Section 33 BNSS: Public to give information of certain offences (Formerly Section 39 CrPC)

Section 33 of Bharatiya Nagarik Suraksha Sanhita, 2023: Public to give information of certain offences

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bailable Offence Sec 2(1)(a) Charge Sec 2(1)(b) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 33

Section 33 imposes a mandatory statutory duty on every person aware of the commission of, or of the intention of any other person to commit, specified heinous offences to forthwith give information to the nearest Magistrate or police officer.

Awareness of Heinous Offence: Actual knowledge of commission or intention to commit offences against State, public peace, murder, kidnapping, dacoity, or mischief by fire.
Forthwith Reporting Mandate: Obligation to give information immediately to the nearest police officer or Magistrate.
Burden of Proof: In prosecutions for omission, the burden is on the person aware to prove reasonable excuse for withholding information.

Key Landmark Precedents:

Ram Kumar v. State of Haryana (1995) Supp 1 SCC 248: The Supreme Court held that individuals possessing actual knowledge of murder who deliberately withhold information are indictable under penal law for aiding the concealment.
State of Karnataka v. K. Gopala (1996) 2 SCC 528: Clarified that fear, severe shock, or mortal threats by armed gangsters can constitute a 'reasonable excuse' negating liability for delayed reporting.

Courtroom Practice & Strategic Litigation Guidance:

When defending clients accused of failing to report under Section 33, establish 'reasonable excuse'—such as immediate threats to family life, lack of phone connectivity, or extreme panic.