B.--AID TO THE MAGISTRATES AND THE POLICECentral
Section 40 of The Code of Criminal Procedure, 1973
- (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, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D;
- (f)any matter likely to affect the maintenance of order or 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, 302, 304, 382, 392 to 399 (both inclusive), 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.
Summary
- Village officers and residents have a legal duty to report information about criminals and suspicious activities to the authorities.
- They must report anyone they suspect is a thug, robber, or escaped convict who enters or passes through the village.
- Information about the commission of non-bailable offences (serious crimes where bail is not a right) or rioting in the village must be shared.
- Any sudden or suspicious death, or the discovery of any part of a corpse, must be communicated immediately.
- If someone disappears under circumstances suggesting a serious crime has occurred, village residents must inform the police or Magistrate.
- The District Magistrate can issue orders requiring reports on anything that affects public safety or the prevention of crime.
Practical examples
1Mohan, the headman of a small village, notices a neighbor suddenly starts selling high-end electronics out of a hut and suspects they are stolen; he reports this to the local station house officer.
2A farmer named Arjun finds an unknown body in his wheat field early one morning and immediately rides to the nearest town to inform the Magistrate.
FAQ
1. Who must report crimes under Section 40 of the Code of Criminal Procedure, 1973?
Every officer employed in village affairs and every person residing in a village has a duty to report specific information under Section 40 of the Code of Criminal Procedure, 1973.
2. What kind of deaths must be reported by villagers under the 1973 Code Section 40?
Sudden deaths, unnatural deaths, or any deaths occurring under suspicious circumstances must be reported to the nearest Magistrate or police station under Section 40 of the Code of Criminal Procedure, 1973.
3. Does Section 40 of the Criminal Procedure Code, 1973 cover crimes planned outside of India?
Yes, Section 40 of the Criminal Procedure Code, 1973 requires reporting the commission or intention to commit acts outside India that would be specific punishable offences if committed within India.
Test yourself
Q1.Under Section 40 of the Code of Criminal Procedure, 1973, what is included in the definition of a village?
Q2.To whom must a village resident communicate information according to Section 40 of the 1973 Code?
Q3.Which of these persons is considered a "proclaimed offender" for the purposes of reporting under Section 40 of the Code of Criminal Procedure, 1973?
Q4.Under Section 40 of the Code of Criminal Procedure, 1973, which IPC offence requires reporting if committed near a village?