Jan 22, 2018
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Aid To The Magistrates And Police under Code of Criminal Procedure, 1973

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Aid To The Magistrates And Police under Code of Criminal Procedure, 1973

Powers Of Superior Officers Of Police (Section 36)

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they appointed. The officers may exercise the powers within the limits of his station.

Public when to assist Magistrates and police (Section 37)

Every person from whom aid demanded, bound to assist a Magistrate or police officer reasonably in the :

  1. taking or preventing the escape of any other person whom such Magistrate or police officer authorized to arrest; or
  2. prevention or suppression of a breach of the peace; or
  3. prevention of any injury attempted to committed to any railway, canal, telegraph or public property.

Aid to person other than police officer, executing warrant (Section 38)

When a Magistrate or court directs or issues warrant to a person other than a police officer. If such person near at hand and act in the execution of the warrant. Then any person may aid in the execution of such warrant.

Public to give information of certain offences (Section 39)

Every person who aware of the Commission of, or of the intention of any other person to commit any offence. Any person can aid the Magistrate or police officer by giving such information. Such offences also punishable under any of the following sections of the Indian Penal Code namely, Sections:

  1. 121 to 126, both inclusive, and section 130 (that is to say offences against the state );
  2. 143, 144, 145, 147 and 148 (offences against the public tranquility under Code of Criminal Procedure, 1973);
  3. 161 to 165 A, both inclusive (offences relating to illegal gratification);
  4. 272 to 278, both inclusive (offences relating to adulteration of food and drugs, etc.);
  5. 302, 303 and 304 (offences affecting life);
    va. section 364 A (offence relating to kidnapping for ransom, etc.);
  6. 382 (offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
  7. 392 to 399, both inclusive, and section 402 (offences of robbery and dacoity);
  8. 409 (offence relating to criminal breach of trust by public servant, etc.);
  9. 431 to 439, both inclusive (offence of mischief against property);
  10. 449 and 450 (offence of house-trespass);
  11. 456 to 460, both inclusive (offences of lurking house- trespass); and
  12. 489A to 489E, both inclusive (offences relating to currency notes and bank notes).

In the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware. He shall forthwith give information to the nearest Magistrate or police officer of such Commission or intention.

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.

Duty of officers employed in connection with the affairs of a village to make certain report (Section 40)

Every officer employed in connection with the affairs of a village and also every person residing in a village. They shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station whichever nearer. Any information which he may possess relating to the :

  1. permanent or temporary residence of any renowned receiver or vendor of stolen property in or near such village;
  2. any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender within, or the passage through, such village;
  3. 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;
  4. 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 skeleton or parts, under such circumstances that a non-bailable offence has been committed in respect of such person;
  5. 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;
  6. 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.
Article Categories:
Criminal law

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