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CrPC, 1973
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CrPCChapter IVSection 40
Section40

Duty of officers employed in connection with the affairs of a village to make certain report

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Summary

Officers connected with village administration and every villager must promptly report to the nearest magistrate or to the officer in charge of the nearest police station, whichever is nearer, about specified crimes, suspected criminals, suspicious or sudden deaths, disappearances, or other matters affecting law and order. The duty covers certain serious offences even if committed near the village outside India and any matter the District Magistrate directs. The information must be communicated forthwith.

Example

Priya sees a stranger she reasonably suspects is an escaped convict passing through her village. She must immediately inform the nearest magistrate or the officer in charge of the nearest police station so authorities can act on that information.

Bare Act

Enacted text

(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.

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IV

Chapter IV

Power Of Superior Officers Of Police & Aid To Magistrates And Police

In this chapter

  • 36Powers of superior officers of police
  • 37Public when to assist Magistrates and police
  • 38Aid to person other than police officer, executing warrant
  • 39Public to give information of certain offences
  • 40Duty of officers employed in connection with the affairs of a village to make certain report
Previous · Section 39Public to give information of certain offencesNext · Section 41When police may arrest without warrant