CrPC 40 to BNSS 34: Duty of officers employed in connection with the affairs of a village to make certain report
Section 40 CrPC (1973) replaced by Section 34 BNSS (2023)
CrPC 40 to BNSS 34 at a Glance
Section 40 CrPC (Duty of officers employed in connection with the affairs of a village to make certain report) is now Section 34 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 40 to BNSS 34?
Section 40 of the Code of Criminal Procedure, 1973 became Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 34(1)(b) BNSS does not contain the word thug. Section 34(1)(c) BNSS and Section 34(1)(e) BNSS refer to sections of the Bharatiya Nyaya Sanhita, 2023 where Section 40 CrPC referred to sections of the Indian Penal Code. Section 34(2)(ii) BNSS speaks of an offence punishable with imprisonment for ten years or more or with imprisonment for life or with death, where Section 40(2)(ii) CrPC listed sections. The persons bound to report, the word forthwith and the nearest Magistrate or officer in charge of the nearest police station have the same text.
CrPC 40 vs BNSS 34: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 40 | 34 |
| Heading | Duty of officers employed in connection with the affairs of a village to make certain report | Duty of officers employed in connection with affairs of a village to make certain report |
| Sub-sections | 2 sub-sections | Same |
CrPC 40 and BNSS 34: Bare Act Text Side by Side
Section 40, CrPC 1973
Section 34, BNSS 2023
When It Applies: CrPC 40 vs BNSS 34
- Under Section 40(1) of the Code of Criminal Procedure, 1973, every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate the listed information which he may possess to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer. Under Section 40(2)(iii) CrPC, such an officer 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.
- Under Section 40(1)(a) CrPC, the information is respecting the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village. Under Section 40(1)(b) CrPC, it is respecting 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.
- Under Section 40(1)(c) CrPC, the information is respecting 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. Under Section 40(1)(e) CrPC, it is respecting 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 the sections of the Indian Penal Code listed in that clause.
- Under Section 40(1)(d) CrPC, the information is respecting the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances, the discovery 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.
- Under Section 40(1)(f) CrPC, the information is respecting 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.
- Under Section 34(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate the listed information which he may possess to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer. Under Section 34(2)(iii) BNSS, such an officer 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.
- Under Section 34(1)(a) BNSS, the information is respecting the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village. Under Section 34(1)(b) BNSS, it is respecting the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender.
- Under Section 34(1)(c) BNSS, the information is respecting the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023. Under Section 34(1)(e) BNSS, it is respecting 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 the sections of the Bharatiya Nyaya Sanhita, 2023 listed in that clause.
- Under Section 34(1)(d) BNSS, the information is respecting the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances, the discovery 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.
- Under Section 34(1)(f) BNSS, the information is respecting 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.
Time Limits: CrPC 40 to BNSS 34
- Under Section 40(1) of the Code of Criminal Procedure, 1973, the officer or person residing in the village shall forthwith communicate the information to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer.Act text: “shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer”
- Under Section 34(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer or person residing in the village shall forthwith communicate the information to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer.Act text: “shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer”
What CrPC 40 to BNSS 34 Means in Practice
FAQs: CrPC 40 to BNSS 34
How did the definition of a proclaimed offender in Section 40(2)(ii) CrPC change in Section 34(2)(ii) BNSS?▼
Section 40(2)(ii) of the Code of Criminal Procedure, 1973 spoke of an act punishable under sections 302, 304, 382, 392 to 399, 402, 435, 436, 449, 450 and 457 to 460 of the Indian Penal Code. Section 34(2)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of an act which would be an offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023.
What changed between Section 40(1)(b) CrPC and Section 34(1)(b) BNSS regarding persons passing through a village?▼
Section 40(1)(b) of the Code of Criminal Procedure, 1973 read any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender. Section 34(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads to be a robber, escaped convict or proclaimed offender, and does not contain the word thug.
Did the persons bound to report or the authorities to whom they report change from Section 40 CrPC to Section 34 BNSS?▼
No. Section 34(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 40(1) of the Code of Criminal Procedure, 1973 on who reports and to whom: 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. Section 34(2)(iii) BNSS has the same text as Section 40(2)(iii) CrPC.
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 ·