Powers of Superior Officers of Police & Aid to Magistrates & the police

Sec 31 to 34

Section 30 – Powers of Superior Officers of Police

"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 are
appointed, as may be exercised by such officer within the limits of his station."

Explanation:

This section provides that senior police officers (i.e. those above the rank of
Station House Officer/SHO) have the same legal powers as a police station in-
charge, but with a broader area of operation.

1. Who does this apply to?

o Police officers who are superior in rank to the officer in charge of a
police station (e.g., Circle Inspectors, Deputy Superintendents of
Police (DSPs), Superintendents of Police (SPs), etc.).
2. What powers can they exercise?
o They can exercise all the powers that a Station House Officer (SHO)
can exercise under the law. For example:
 Registering an FIR
 Investigating crimes
 Making arrests
 Conducting searches and seizures
 Preventive actions under the Sanhita
3. Where can they exercise these powers?
o Not just within a single police station limit, but anywhere in the local
area (like a district or zone) where they are officially posted or
appointed.

Section 31 – 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
public property.

Explanation:

Section 31 imposes a legal duty on every person (i.e., any member of the public)
to assist a Magistrate or police officer if they reasonably ask for help, in the
following situations:

When Must the Public Help?

(a) Assisting in Arrests or Preventing Escape

 If a Magistrate or police officer is trying to arrest someone or stop

someone from escaping who is lawfully subject to arrest, and they ask
you for help,
➡Public is legally obligated to assist them.

Example: If the police are chasing a thief and ask you to block the way or help stop
him, you must assist, unless there’s a valid reason not to (like danger to your life).

(b) Preventing or Suppressing a Breach of Peace

 If there’s a riot, fight, or situation that may disturb public order, and the
police or Magistrate ask for your help to control or stop it,
➡Public must help.

Example: During a public disturbance, if the police ask you to help move people
away or call for backup, you’re legally bound to cooperate.

(c) Preventing Damage to Public Property

 If someone is trying to damage public property (like buses, roads,

streetlights, government buildings), and the police ask for your assistance in
stopping it,
➡You are required to help.
Example: If a mob is setting fire to a public vehicle and a police officer asks you to
assist in stopping it or reporting it, you must respond.

Section 32 – Aid to Person, Other Than Police Officer, Executing Warrant

"When a warrant is directed to a person other than a police officer, any other
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."

Explanation:

This section allows any person (i.e., a member of the public) to assist in
executing a warrant, provided:

1. The warrant was issued to someone who is not a police officer, and
2. That person is present and actively executing the warrant, and
3. The person offering aid is nearby.

Key Elements:

1. Warrant Directed to Non-Police Officer

 Warrants are usually executed by police, but sometimes, a private

individual or public servant (like a revenue officer or forest officer) may
be authorized by a court to carry out a warrant.

Example: A court may direct a customs officer to execute a warrant in a

smuggling case.

2. Presence and Active Execution

 The non-police person who received the warrant must be present and in
the process of executing it.
 If they are not nearby or not acting on the warrant, others may not act
independently on their behalf.

3. Other Person May Aid

 If you're nearby and see the person carrying out the warrant, you are
allowed to assist them.
  Unlike Section 31 (which imposes a duty to assist), this section simply
permits aid — it's voluntary, not mandatory.

Example:

 A forest officer receives a warrant from the court to search a warehouse

suspected of storing illegal timber.
 While executing the warrant, he struggles to enter or secure the premises.
 A neighboring shopkeeper, seeing the officer acting under court authority,
may assist him in carrying out the warrant.

Section 33 – Public to Give Information of Certain Offences

(1) Every person who is aware of the commission of, or the intention to commit,
certain serious offences listed under the Bharatiya Nyaya Sanhita (BNS), must
immediately inform the nearest Magistrate or police officer.

(2) This obligation also applies even if the offence is committed outside India,
provided it would be a crime if done within India.

Explanation:

Section 33 places a legal duty on every citizen to report certain serious offences
to the nearest police officer or Magistrate as soon as they become aware of:

 A crime being committed, or

 Someone planning to commit such a crime.

What Types of Offences Must Be Reported?

Here are the categories of offences from the BNS 2023 that must be reported,
along with examples:

(i) Sections 103 to 105 – Waging war against India

 E.g., Treason, attempting to wage war, abetting war against the Government
of India.

(ii) Sections 111 to 113 – Assault or attempts on the President or Governor

 Includes acts threatening constitutional authorities.

(iii) Sections 140 to 144 – Offences relating to the Armed Forces

 Includes mutiny and abetment of mutiny.

(iv) Sections 147 to 154 & 158 – Unlawful assemblies, riots, and public
disturbances

 Includes rioting with deadly weapons or obstructing public servants.

(v) Sections 178 to 182 – Offences against public justice

 Includes giving false evidence, fabricating false documents, etc.

(vi) Sections 189 & 191 – Offences by public servants

 Includes unlawful actions by public servants or taking illegal gratification.

(vii) Sections 274 to 280 – Forgery and counterfeiting

 Counterfeiting currency, government stamps, etc.

(viii) Section 307 – Murder

(ix) Sections 309 to 312 – Kidnapping and abduction

 Includes trafficking and kidnapping for ransom.

(x) Section 316(5) – Organized crime or terrorism-related provision

(xi) Sections 326 to 328 – Robbery and dacoity

 Including armed robbery and gang robbery.

(xii) Sections 331 & 332 – Criminal breach of trust by public servants or
professionals

Legal Obligation/Duty, Not a Choice:

 If a person is aware of any such crime or intent to commit a crime, they

are legally bound to report it immediately.
 Failing to report could potentially expose the person to criminal liability
under other provisions for concealment of a crime.
Sub section (2) Offences Committed Outside India:

 Sub-section (2) makes it clear that this duty also applies to acts committed
abroad, if:
o The act would amount to an offence under Indian law if it had
occurred within India.

Example: If someone learns about a conspiracy to wage war against India being
planned outside the country (say, in another country), they must report it, even if
the act hasn’t occurred in India.

Section 34 – Duty of Officers Employed in Connection with Affairs of a

Village to Make Certain Reports

Explanation:

Section 34 legally obligates:

 Every village official (like panchayat members, headman, or village-level

government officers), and
 Any person residing in a village,

to immediately report certain types of suspicious, criminal, or dangerous

activities to either:

 The nearest Magistrate, or

 The nearest police station,
whichever is closer.

What Information Must Be Reported?

One must report immediately if you become aware of any of the following:

(a) Notorious Criminals in the Area

 If you know that a well-known receiver or seller of stolen goods is living

in or near the village — temporarily or permanently.

(b) Suspicious Movement of Criminals

  If you see or know of any person in the village whom you:
o Know, or
o Reasonably suspect to be:
 A robber
 An escaped convict, or
 A proclaimed offender (i.e., someone formally declared by the
court as an absconder or fugitive).

(c) Serious Crimes (Non-bailable Offences)

 If someone is committing, or planning to commit, a:

o Non-bailable offence, or
o Crime under Section 189 or Section 191 of BNS, 2023 (relating to
corruption and abuse of public office by public servants).

(d) Suspicious or Unnatural Deaths, Disappearances

Report if you observe:

 A sudden, unnatural, or suspicious death,

 The discovery of a dead body or body part under suspicious conditions, or
 The disappearance of a person where it looks like a serious crime may
have been committed.

(e) Serious Crimes Planned or Committed Abroad (Near the Village)

If someone in or near the village:

 Has committed or is planning to commit (even outside India) an act that

would be a serious crime in India under sections like:
o Terrorism (103, 105)
o Crimes against public servants (178–181)
o Murder (307) or kidnapping/trafficking (309–312)
o Organised crimes (305) and serious economic crimes (331, 332)

(f) Any Other Matter Affecting Public Order or Safety

 If the District Magistrate, with approval from the State Government, has
specifically ordered village officers to report any issue affecting law and
order, crime prevention, or public/property safety.
Definitions Provided in Sub-section (2):

(i) “Village” includes not just the residential part, but also village lands (fields,
forests, etc.).

(ii) “Proclaimed offender” includes anyone declared as such even by a court

outside this law's jurisdiction, as long as the crime would be punishable by:

 10+ years imprisonment,

 Life imprisonment, or
 Death, if committed in India under BNS.

(iii) “Officer employed in connection with village affairs” includes:

 Panchayat members
 Headman (mukhiya)
 Any person appointed to do village administrative work