Public to give information of certain offences
Section 39 of the Code of Criminal Procedure Act 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 Indian Penal Code (45 of 1860), namely :- (i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the Stat
(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); 1[(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 and 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.
Section 39, The Code of Criminal Procedure Act (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 121 Power to reject sureties
- s. 126 Procedure
- s. 130 Use of armed forces to disperse assembly
- s. 143 Magistrate may prohibit repetition or continuance of public nuisance
- s. 144 Power to issue order in urgent cases of nuisance or apprehended danger
- s. 145 Procedure where dispute concerning land or water is likely to cause breach of peace
- s. 147 Dispute concerning right of use of land or water
- s. 148 Local inquiry
- s. 161 Examination of witnesses by police
- s. 272 Language of Courts
- s. 278 Procedure in regard to such evidence when completed
- s. 302 Permission to conduct prosecution
- s. 303 Right of person against whom proceedings are instituted to be defended
- s. 304 Legal aid to accused at State expense in certain cases
- s. 382 Petition of appeal
- s. 392 Procedure where Judges of Court of Appeal are equally divided
- s. 399 Sessions Judge's powers of revision
- s. 402 Power of High Court to withdraw or transfer revision cases
- s. 409 Withdrawal of cases and appeals by Session Judge
- s. 431 Money ordered to be paid recoverable as a fine
- s. 439 Special powers of High Court or Court of Session regarding bail
- s. 449 Appeal from orders under section 446
- s. 450 Power to direct levy of amount due on certain recognizances
- s. 456 Power to restore possession of immovable property
- s. 460 Irregularities which do not vitiate proceedings
Questions about Section 39
What does Section 39 of the Code of Criminal Procedure Act deal with?
Section 39 of the Code of Criminal Procedure Act is headed "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 Indian Penal Code (45 of 1860), namely :- (i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the Stat
How do I find court cases under Section 39 of the Code of Criminal Procedure Act?
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: Code Criminal Procedure Act 39, section 39 Code Criminal Procedure Act, section 39 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 39 of the Code of Criminal Procedure Act, and has it changed?
Its own text turns on section 121 (Power to reject sureties), section 126 (Procedure), section 130 (Use of armed forces to disperse assembly), section 143 (Magistrate may prohibit repetition or continuance of public nuisance), and on 21 further provisions, so none of them can safely be read on its own.
When was the Code of Criminal Procedure Act enacted?
Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25553 words
- 320. Compounding of offences1305 words
- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.