Section 39 CrPC: Public to give information of certain offences
Code of Criminal Procedure, 1973
Section 39 CrPC at a Glance
Section 39 CrPC deals with public to give information of certain offences. From 1 July 2024 it is replaced by Section 33 BNSS.
What Section 39 CrPC Says
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.
Source: Section 39, Code of Criminal Procedure, 1973
Section 39 CrPC in Simple Words
Section 39 of the Code of Criminal Procedure, 1973 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 Indian Penal Code listed in Section 39(1) CrPC 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 39(2) CrPC, the term offence includes any act committed at any place out of India which would constitute an offence if committed in India.
When Section 39 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 39 CrPC
- 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.”
Example of Section 39 CrPC
When Section 39 CrPC Does Not Apply
- Section 39(1) of the Code of Criminal Procedure, 1973 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 39(1) CrPC speaks of offences punishable under the sections of the Indian Penal Code listed in it. It does not deal with an offence punishable under a section that is not in that list.
Section 39 CrPC Under BNSS 33: What Changed
Section 39 CrPC is now covered under Section 33 BNSS.
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.
View detailed comparison (CrPC 39 vs BNSS 33) →FAQs on Section 39 CrPC
Who must receive the information under Section 39 CrPC and how quickly must it be given?▼
Under Section 39(1) of the Code of Criminal Procedure, 1973, the person aware of the commission of, or of the intention of any other person to commit, a listed offence 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 39 CrPC apply only after an offence has already been committed?▼
No. Section 39(1) of the Code of Criminal Procedure, 1973 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 has to prove a reasonable excuse for not giving information under Section 39 CrPC?▼
Under Section 39(1) of the Code of Criminal Procedure, 1973, 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.
Does Section 39 CrPC cover acts committed outside India?▼
Yes. Under Section 39(2) of the Code of Criminal Procedure, 1973, 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.
Where is Section 39 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 39 CrPC is found in Section 33 BNSS, which has the same heading. Section 39(1) CrPC maps to Section 33(1) BNSS, and Section 39(2) CrPC maps to Section 33(2) BNSS. 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.
Have questions about Section 39 CrPC?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·