Public to give information of certain offences
Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with public to give information of certain offences. 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); The Act came into force on 01 Jul 2024.
(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);
(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, 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.
Section 33, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 39 Public to give information of certain offences Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 103 Persons in charge of closed place to allow search
- s. 105 Recording of search and seizure through audio video electronic means
- s. 111 Definitions
- s. 113 Letter of request from a country or place outside India to a Court or an authority for investigation in India
- s. 140 Power to reject sureties
- s. 144 Order for maintenance of wives, children and parents
- s. 147 Enforcement of order of maintenance
- s. 154 Person to whom order is addressed to obey or show cause
- s. 158 Power of Magistrate to direct local investigation and examination of an expert
- s. 178 Power to hold investigation or preliminary inquiry
- s. 182 No inducement to be offered
- s. 189 Release of accused when evidence deficient
- s. 191 Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- s. 274 Substance of accusation to be stated
- s. 280 Withdrawal of complaint
- s. 307 Language of Courts
- s. 309 Record in summons-cases and inquiries
- s. 312 Language of record of evidence
- s. 316 Record of examination of accused
- s. 326 Deposition of medical witness
- s. 328 Evidence of officers of Mint
- s. 331 Affidavit in proof of conduct of public servants
- s. 332 Evidence of formal character on affidavit
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Rajasthan vs Kailash
Decided under Code of Criminal Procedure 39, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Possession of photocopies of stolen documents does not constitute receiving or possessing 'stolen property' as defined under Section 410 I.P.C. Photocopies are distinct items from the original stolen property, and without intention to receive tangible moveable stolen property and without prior concert or conspiracy, individuals cannot be prosecuted under Sections 411 or 414 I.P.C. merely for possessing reproductions of stolen originals. Penal offences cannot be created or expanded through interpretative processes; such expansion requires explicit legislative action.
On this section: Duty to inform authorities of commission of offence - Court held that respondents were not charged with failure to inform and this provision could not be applied retroactively as new ground of prosecution
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Jakir Ali @ Zakir Ali vs The State of Bihar
Decided under Code of Criminal Procedure 39, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An informatory petition filed by a private citizen under Section 39 of the Criminal Procedure Code is not a public document within the meaning of Section 74 of the Indian Evidence Act, 1872, because it is created by a private person and not by a public servant in discharge of official duty. Mere custody of a document in a public office is insufficient to classify it as a public document; the document must have been created by a public servant performing official functions.
On this section: Provides that every person aware of commission or intention to commit specified offences shall give information to the nearest Magistrate or police officer. The court analyzed this section to understand the nature of informatory petitions.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 33
What have the courts held on Section 33 of the Bharatiya Nagarik Suraksha Sanhita?
State of Rajasthan vs Kailash (22 Mar 2006) is the leading judgment on this section among those set out below, though it was decided under CRPC 39, which this section replaced -- the court never mentioned this Act: Duty to inform authorities of commission of offence - Court held that respondents were not charged with failure to inform and this provision could not be applied retroactively as new ground of prosecution. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2006 to 2022.
How do I find court cases under Section 33 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 33, section 33 BNSS, section 33 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Rajasthan vs Kailash (22 Mar 2006).
What should I read with Section 33 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 103 (Persons in charge of closed place to allow search), section 105 (Recording of search and seizure through audio video electronic means), section 111 (Definitions), section 113 (Letter of request from a country or place outside India to a Court or an authority for investigation in India), and on 19 further provisions, so none of them can safely be read on its own. It carries forward CrPC 39 (Public to give information of certain offences), so the judgments decided under that provision are the case law on this one.
When did Section 33 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 33 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 33, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.