Section 34 BNSS: Duty of officers employed in connection with affairs of a village to make certain report

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 34 BNSS at a Glance

Section 34 BNSS deals with duty of officers employed in connection with affairs of a village to make certain report. It replaced Section 40 CrPC on 1 July 2024.

Section 34 BNSS Bare Act Text

(1) 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, any information which he may possess respectingβ€”

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;

(b) 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;

(c) 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;

(d) the 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 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;

(e) 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 any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331 or 332;

(f) 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.

(2) In this section,β€”

(i) "village" includes village lands;

(ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;

(iii) the words "officer employed in connection with the affairs of the village" 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.

Source: Section 34, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 34 BNSS in Simple Words

Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the duty of officers employed in connection with affairs of a village to make certain reports. Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate any information which he may possess on the matters listed in Section 34(1) BNSS.

The information goes to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer. The matters include stolen property receivers living near the village, suspected offenders passing through it, certain offences, and sudden or unnatural deaths and suspicious disappearances.

When Section 34 BNSS Applies

  • 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 Under Section 34 BNSS

  • 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: β€œshall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer”

Example of Section 34 BNSS

Meena is a member of the panchayat of a village, and Arjun resides in the village. Arjun reasonably suspects that a man passing through the village lands is an escaped convict, and Arjun tells Meena. Under Section 34(2)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023, village includes village lands, and under Section 34(2)(iii) BNSS a member of the panchayat is an officer employed in connection with the affairs of the village. Under Section 34(1)(b) BNSS, Arjun and Meena shall each forthwith communicate the information to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer.

When Section 34 BNSS Does Not Apply

  • Section 34(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of every officer employed in connection with the affairs of a village and every person residing in a village. It does not deal with a person who is neither.
  • Section 34(1)(c) BNSS speaks of any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023. It does not deal with a bailable offence that is not punishable under either of those sections.

Section 34 BNSS in the CrPC (Previous Law)

Section 34 BNSS replaced Section 40 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 34 BNSS

Who is considered an officer employed in connection with the affairs of the village under Section 34 BNSS?β–Ό

Under Section 34(2)(iii) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the words officer employed in connection with the affairs of the village 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.

When is a person from a territory where the Sanhita does not extend treated as a proclaimed offender under Section 34 BNSS?β–Ό

Under Section 34(2)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the expression proclaimed offender includes any person proclaimed as an offender by any Court or authority in any territory in India to which the Sanhita does not extend, in respect of any act which if committed in the territories to which the Sanhita extends, 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 deaths and disappearances must be reported under Section 34(1)(d) BNSS?β–Ό

Under Section 34(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 in or near such village 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.

What changed from Section 40 CrPC to Section 34 BNSS from 1 July 2024?β–Ό

From 1 July 2024, Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 40 of the Code of Criminal Procedure, 1973. Section 34(1)(b) BNSS reads a robber, escaped convict or proclaimed offender where Section 40(1)(b) CrPC read a thug, robber, escaped convict or proclaimed offender. Section 34(1)(c) BNSS and Section 34(1)(e) BNSS refer to sections of the Bharatiya Nyaya Sanhita, 2023 where Section 40(1)(c) CrPC and Section 40(1)(e) 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 of the Indian Penal Code.

Section 34 BNSS: Sub-sections Explained

Section 34(1) BNSS: Duty of officers employed in connection with the affairs of a village to make certain report

β–Ά

Bare Act Text

(1) 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, any information which he may possess respectingβ€”

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;

(b) 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;

(c) 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;

(d) the 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 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;

(e) 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 any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331 or 332;

(f) 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.

Previous Law

CrPC 40 β†’ Section 34(1) BNSS

Section 34(2) BNSS: Duty of officers employed in connection with the affairs of a village to make certain report

β–Ά

Bare Act Text

(2) In this section,β€”

(i) "village" includes village lands;

(ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;

(iii) the words "officer employed in connection with the affairs of the village" 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.

Previous Law

CrPC 40(2) β†’ Section 34(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 Β· Last updated: 22 Oct 2026 Β·