What is BNSS Section 33?

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,

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.

Brefe Detail

This section mandates that individuals who are aware of certain specified offences or the intention to commit them must inform the nearest Magistrate or police officer. Key points include:

• The offences covered are outlined in specific sections of the Bharatiya Nyaya Sanhita, 2023.
• Individuals must report without reasonable excuse, which they must prove if challenged.
• The definition of "offence" includes actions committed outside India that would be considered offences if committed within India.

Question & Answers

Q1: What is required of a person who is aware of certain offences?

A1: A person aware of the commission of or intention to commit specified offences must inform the nearest Magistrate or police officer without delay.

Q2: What types of offences are covered under this section?

A2: The section covers offences punishable under specific sections of the Bharatiya Nyaya Sanhita, including sections 103 to 105, 111 to 113, and others as listed.

Q3: Is there any exception to the requirement to report?

A3: Yes, if a person has a reasonable excuse for not reporting, they must prove that excuse.

Q4: Does this section apply to offences committed outside of India?

A4: Yes, the term "offence" includes acts committed outside India that would be considered offences if committed in India.

Example

• Example 1: A person witnesses a robbery (covered under sections 140 to 144) and must report it to the nearest police officer.
• Example 2: If someone hears a plan to commit a serious assault (covered under section 307), they are required to inform the authorities immediately.
• Example 3: A citizen observes a criminal act occurring abroad that would be illegal in India and must report it as per this section.

Summary

Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires individuals aware of certain offences or intentions to commit such offences to promptly inform authorities. This obligation extends to acts committed outside India, reflecting a commitment to uphold law and order.