CHAPTER IV B—AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police
Every
person is bound to assist a Magistrate or police officer reasonably demanding
his aid—
(a)
in the taking or preventing the escape of any other person whom such Magistrate
or police
officer
is authorised to arrest; or
(b)
in the prevention or suppression of a breach of the peace; or
](c)
in the prevention of any injury attempted to be committed to any railway,
canal, telegraph or
public
property
38. Aid to person other than police officer, executing warrant
When
a warrant is directed to a person other than a police officer, any person may
aid in the
execution
of such warrant, if the person to whom the warrant is directed be near at hand
and
acting
in the execution of the warrant
39. 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 Indian Penal Code
(45 of
1860),
namely: —
(i)
sections 121 to 126, both inclusive, and section 130 (that is to say offences
against the
State
specified in Chapter VI of the said Code);
(ii)
sections 143, 144, 145, 147 and 148 (that is to say, offences against the
public
tranquillity
specified in Chapter VIII of the said Code);
(iii)
sections 161 to 165A, both inclusive (that is to say, offences relating to
illegal
gratification);
(iv)
sections 272 to 278, both inclusive (that is to say, offences relating to
adulteration of
food
and drugs, etc);
(v)
sections 302, 303 and 304 (that is to say, offences affecting life);
(va)
section 364A (that is to say, offence relating to kidnapping for ransom, etc);
(vi)
section 382 (that is to say, offence of theft after preparation made for
causing death,
hurt
or restraint in order to the committing of the theft);
(vii)
sections 392 to 399, both inclusive, and section 402 (that is to say, offences
of
robbery
and dacoity);
(viii)
section 409 (that is to say, offence relating to criminal breach of trust by
public
servant,
etc);
(ix)
sections 431 to 439, both inclusive (that is to say, offence of mischief
against
property);
(x)
sections 449 and 450 (that is to say, offence of house-trespass);
(xi)
sections 456 to 460, both inclusive (that is to say, offences of lurking
house-trespass);
and
(xii)
sections 489A to 489E, both inclusive (that is to say, offences relating to
currency
notes
and bank notes) 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
40. Duty of officers employed in connection with the affairs of a
village to make certain
report
(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, sections 231 to 238
(both
inclusive), sections 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436,
449,
457,
to 460 (both inclusive), sections 489A, 489B, 489C and 489D;
(f)
any matter likely to affect the maintenance of order of 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, sections 302, 304, 382, 392 to 399 (both inclusive), sections
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 .
