Bharatiya Nagarik Suraksha Sanhita, 2023
Section 33
Public to give information of certain offences
(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, 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.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier found in Section 39 of the Code of Criminal Procedure, 1973) that places a positive duty on ordinary citizens to report knowledge of certain grave offences — particularly those threatening life, the security of the State, public order, or public property. The idea is that some crimes are so serious that prevention and prompt investigation matter more than a citizen's usual freedom to stay uninvolved, so the law makes silence itself a potential lapse (backed by penal consequences elsewhere in the code for concealment).
Common misconceptions
- Myth: This law means you must report every crime you know about, no matter how minor.
Fact: It only applies to the specific serious offences listed in the section — such as murder, dacoity, organised crime, and offences against the State — not all offences. - Myth: You only have a duty to report crimes that happen in India.
Fact: Sub-section (2) extends the duty to acts committed outside India that would be offences if committed within India.