Section 33 BNSS: Public to give information of certain offences
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 33 BNSS at a Glance
Section 33 BNSS deals with public to give information of certain offences. It replaced Section 39 CrPC on 1 July 2024.
Section 33 BNSS Bare Act Text
(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.
Source: Section 33, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 33 BNSS in Simple Words
Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the duty of the public to give information of certain offences. Every person aware of the commission of, or of the intention of any other person to commit, an offence punishable under any of the sections of the Bharatiya Nyaya Sanhita, 2023 listed in Section 33(1) BNSS shall forthwith give information to the nearest Magistrate or police officer of such commission or intention.
This is in the absence of any reasonable excuse, and the burden of proving the excuse lies upon the person so aware. Under Section 33(2) BNSS, the term offence includes any act committed at any place out of India which would constitute an offence if committed in India.
When Section 33 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 33 BNSS
- 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.”
Example of Section 33 BNSS
When Section 33 BNSS Does Not Apply
- Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person aware of the commission of, or of the intention of any other person to commit, a listed offence. It does not deal with a person who is not so aware.
- Section 33(1) BNSS speaks of offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 listed in it. It does not deal with an offence punishable under a section that is not in that list.
Section 33 BNSS in the CrPC (Previous Law)
Section 33 BNSS replaced Section 39 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 33 BNSS
Who must be informed when a person becomes aware of an offence listed in Section 33 BNSS?▼
Under Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every person aware of the commission of a listed offence, or of the intention of any other person to commit it, shall forthwith give information to the nearest Magistrate or police officer of such commission or intention. This is in the absence of any reasonable excuse, the burden of proving which lies upon the person so aware.
Does Section 33 BNSS speak only of offences already committed?▼
No. Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person aware of the commission of a listed offence, and also of a person aware of the intention of any other person to commit such an offence. In either case, in the absence of any reasonable excuse, the person so aware shall forthwith give information of such commission or intention to the nearest Magistrate or police officer.
Who bears the burden of proving a reasonable excuse under Section 33 BNSS?▼
Under Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the burden of proving a reasonable excuse shall lie upon the person aware of the commission of the listed offence, or of the intention of any other person to commit it.
How does Section 33(2) BNSS treat acts committed outside India?▼
Under Section 33(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
What changed from Section 39 CrPC to Section 33 BNSS from 1 July 2024?▼
From 1 July 2024, Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 39 of the Code of Criminal Procedure, 1973. 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 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, and sections 161 to 165A in Section 39(1)(iii) CrPC, offences relating to illegal gratification, have no entry in Section 33(1) BNSS. Every other section listed in Section 39(1) CrPC has a corresponding entry in Section 33(1) BNSS, and some of those entries name whole sections that also take in provisions with no counterpart in Section 39(1) CrPC. The clauses of Section 39(1) CrPC each described their offences after the words that is to say, and the clauses of Section 33(1) BNSS give section numbers only. The duty to forthwith give information to the nearest Magistrate or police officer, 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.
Section 33 BNSS: Sub-sections Explained
Section 33(1) BNSS: Public to give information of certain offences
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Bare Act Text
(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.
Section 33(2) BNSS: Public to give information of certain offences
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·