CrPC 39→BNSS 33

CrPC 39 to BNSS 33: Public to give information of certain offences

Section 39 CrPC (1973) replaced by Section 33 BNSS (2023)

View CrPC Section 39 →View BNSS Section 33 →

CrPC 39 to BNSS 33 at a Glance

Section 39 CrPC (Public to give information of certain offences) is now Section 33 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 39 to BNSS 33?

Section 39 of the Code of Criminal Procedure, 1973 became Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 33(1) BNSS lists sections of the Bharatiya Nyaya Sanhita, 2023 where Section 39(1) CrPC listed sections of the Indian Penal Code, and the lists do not match one to one. Sections 161 to 165A in Section 39(1)(iii) CrPC, offences relating to illegal gratification, have no entry in Section 33(1) BNSS, and sections 111 to 113 in Section 33(1)(ii) BNSS, on organised crime, petty organised crime and terrorist act, have no counterpart in Section 39(1) CrPC. Every other section listed in Section 39(1) CrPC has a corresponding entry in Section 33(1) BNSS, and some of those entries, such as sections 140 to 144 and sections 331 and 332, name whole sections that also take in provisions with no counterpart in Section 39(1) CrPC. The clauses of Section 33(1) BNSS give section numbers only, without the descriptions that followed the words that is to say. The duty to forthwith give information, the reasonable excuse and the burden of proving it have the same text, and Section 33(2) BNSS has the same text as Section 39(2) CrPC.

CrPC 39 vs BNSS 33: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section3933
HeadingPublic to give information of certain offencesSame
Sub-sections2 sub-sectionsSame
Cross-referencess.121, s.272s.140, s.307

CrPC 39 and BNSS 33: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 39, CrPC 1973

39. Public to give information of certain offences.—(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 tranquillity specified in Chapter VIII of the said Code); (iii) sections 161 to 165A, 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 364A (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, offences 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.
BNSS 2023 (in force)

Section 33, BNSS 2023

33. Public to give information of certain offences.—(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 Bharatiya Nyaya Sanhita, 2023, namely:— (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307; (ix) sections 309 to 312 (both inclusive); (x) sub-section (5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, 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.

When It Applies: CrPC 39 vs BNSS 33

Under CrPC 39
  1. Section 39(1) of the Code of Criminal Procedure, 1973 applies to every person aware of the commission of, or of the intention of any other person to commit, an offence punishable under any of the listed sections of the Indian Penal Code.
  2. Under Section 39(1) CrPC, the person so aware shall forthwith give information to the nearest Magistrate or police officer of such commission or intention.
  3. The sections of the Indian Penal Code listed in Section 39(1) CrPC include sections 121 to 126, both inclusive, and section 130 on offences against the State, sections 143, 144, 145, 147 and 148 on offences against the public tranquillity, sections 161 to 165A, both inclusive, on illegal gratification, sections 272 to 278, both inclusive, on adulteration of food and drugs, sections 302, 303 and 304 on offences affecting life, and section 364A on kidnapping for ransom.
  4. The list in Section 39(1) CrPC also includes section 382 on theft after preparation made for causing death, hurt or restraint, sections 392 to 399, both inclusive, and section 402 on robbery and dacoity, section 409 on criminal breach of trust by public servant, sections 431 to 439, both inclusive, on mischief against property, sections 449 and 450 on house trespass, sections 456 to 460, both inclusive, on lurking house trespass, and sections 489A to 489E, both inclusive, on currency notes and bank notes.
  5. Under Section 39(1) CrPC, the duty is in the absence of any reasonable excuse, and the burden of proving the excuse shall lie upon the person so aware.
  6. Under Section 39(2) CrPC, for the purposes of Section 39 CrPC, the term offence includes any act committed at any place out of India which would constitute an offence if committed in India.
Under BNSS 33
  1. Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to every person aware of the commission of, or of the intention of any other person to commit, an offence punishable under any of the listed sections of the Bharatiya Nyaya Sanhita, 2023.
  2. Under Section 33(1) BNSS, the person so aware shall forthwith give information to the nearest Magistrate or police officer of such commission or intention.
  3. The sections of the Bharatiya Nyaya Sanhita, 2023 listed in Section 33(1) BNSS include sections 103 to 105, both inclusive, sections 111 to 113, both inclusive, sections 140 to 144, both inclusive, sections 147 to 154, both inclusive, and section 158, sections 178 to 182, both inclusive, and sections 189 and 191.
  4. The list in Section 33(1) BNSS also includes sections 274 to 280, both inclusive, section 307, sections 309 to 312, both inclusive, Section 316(5) of the Bharatiya Nyaya Sanhita, 2023, sections 326 to 328, both inclusive, and sections 331 and 332.
  5. Under Section 33(1) BNSS, the duty is in the absence of any reasonable excuse, and the burden of proving the excuse shall lie upon the person so aware.
  6. Under Section 33(2) BNSS, for the purposes of Section 33 BNSS, the term offence includes any act committed at any place out of India which would constitute an offence if committed in India.

Time Limits: CrPC 39 to BNSS 33

Under CrPC 39
  • A person aware of the commission of, or intention to commit, a listed offence under Section 39(1) of the Code of Criminal Procedure, 1973 shall give the required information forthwith to the nearest Magistrate or police officer.Act text: “forthwith give information to the nearest Magistrate or police officer of such commission or intention.”
Under BNSS 33
  • Under Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who is aware of the commission of, or intention to commit, a listed offence shall give information forthwith to the nearest Magistrate or police officer.Act text: “forthwith give information to the nearest Magistrate or police officer of such commission or intention.”

What CrPC 39 to BNSS 33 Means in Practice

From 1 July 2024, the duty of the public to give information of certain offences is found in Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 39 of the Code of Criminal Procedure, 1973. The offences it covers are those punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 listed in Section 33(1) BNSS. These include sections 111 to 113 in Section 33(1)(ii) BNSS, and there is no entry for the offences relating to illegal gratification that Section 39(1)(iii) CrPC listed. Every person aware of the commission of, or of the intention of any other person to commit, a listed offence shall, in the absence of any reasonable excuse, forthwith give information to the nearest Magistrate or police officer, and the burden of proving the excuse lies upon the person so aware.

FAQs: CrPC 39 to BNSS 33

Where is Section 39 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 39 of the Code of Criminal Procedure, 1973 is found in Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 39(1) CrPC maps to Section 33(1) BNSS, and Section 39(2) CrPC maps to Section 33(2) BNSS.

Did the time or the authority for giving information change from Section 39 CrPC to Section 33 BNSS?▼

No. Section 39(1) of the Code of Criminal Procedure, 1973 and Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 both read forthwith give information to the nearest Magistrate or police officer of such commission or intention.

What changed in the list of offences between Section 39(1) CrPC and Section 33(1) BNSS?▼

Section 39(1) of the Code of Criminal Procedure, 1973 listed sections of the Indian Penal Code, and each clause described its offences after the words that is to say. Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists sections of the Bharatiya Nyaya Sanhita, 2023 and its clauses give section numbers only. The lists do not match one to one. Sections 161 to 165A in Section 39(1)(iii) CrPC, offences relating to illegal gratification, have no entry in Section 33(1) BNSS. Sections 111 to 113 in Section 33(1)(ii) BNSS, on organised crime, petty organised crime and terrorist act, have no counterpart in Section 39(1) CrPC. Every other section listed in Section 39(1) CrPC has a corresponding entry in Section 33(1) BNSS, and some of those entries, such as sections 140 to 144, name whole sections that also take in provisions with no counterpart in Section 39(1) CrPC.

Did the rule on reasonable excuse or acts committed outside India change in Section 33 BNSS?▼

No. Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 39(1) of the Code of Criminal Procedure, 1973 on the reasonable excuse, the burden of proving which shall lie upon the person so aware. Section 33(2) BNSS has the same text as Section 39(2) CrPC on any act committed at any place out of India which would constitute an offence if committed in India.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·