Public to give information of certain offences
AI Assist
Summary
Anyone who knows of, or of another's intention to commit, certain serious offences—such as offences against the state, robbery or dacoity, murder, kidnapping for ransom, food adulteration, criminal breach of trust by public servants, or currency offences—must immediately inform the nearest magistrate or a police officer. Failure to do so requires the person to show a reasonable excuse, and the burden of proving that excuse is on them. The duty also covers acts done outside India if those acts would be offences here.
Example
Ravi overhears neighbours planning a dacoity at a nearby shop. He must immediately inform the nearest magistrate or a police officer; if he does not, he will have to show a reasonable excuse and bear the burden of proving it. The same duty would apply if the plan had been made outside India but would be an offence here.
Bare Act
Enacted text(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 tranquility specified in Chapter VIII of the said Code);
(iii) sections 161 to 165 A, 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 364 A (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.
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