Section 34: Duty Of Officers Employed In Connection With Affairs
Code:
(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 respecting—
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;
Code: 1 (c) – 1(f)
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, 331or 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.
Code: 2
(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
Explanation:
This section deals with the duty of individuals and village officials to report suspicious activities and events to the authorities. It mandates prompt communication of information related to:
- <strong>(a) Notorious receivers or vendors of stolen property. If anyone knows about individuals involved in receiving or selling stolen goods, they must report it to the nearest Magistrate or Police Station.
- (b) Suspected criminals. If someone sees or knows about a suspected robber, escaped convict, or proclaimed offender in or passing through their village, they must report it.
- (c) Non-bailable offenses. Any information about the commission or intention to commit a non-bailable offense. Offenses punishable under sections 189 and 191 of the BNSS, 2023, must be reported.
- (d) Sudden or unnatural deaths. If a sudden or unnatural death, a death under suspicious circumstances. The discovery of a corpse or parts of a corpse is found in or near the village. The concerned parties must report it.
- (e) Offenses committed outside India. If someone knows about an act committed outside India, near the village. Which would be an offense under certain specific sections of the BNSS, 2023, if committed in India. They must report it.
- (f) Matters affecting public order. If the District Magistrate, with the approval of the State Government, has directed individuals to report any matter that may affect public order. the prevention of crime, or the safety of persons or property, they must comply.
Illustrations:
- A villager notices a stranger frequently visiting a known receiver of stolen goods. Then they should report it to the authorities.
- A village official sees a person matching the description of an escaped convict. For this, they must inform the nearest Police Station.
- If a villager discovers a body in a suspicious location, they must report it immediately.
Common Question and Answers: on Duty Of Officers Employed In Connection With Affairs
Q: What are the consequences of not reporting such information?
A: Failure to report such information as required by this section may be considered an offense. It could lead to legal consequences.
Q: Who can be considered a “proclaimed offender” under this section?
A: Any person declared an offender by a court or authority in India. Even in areas where the BNSS doesn’t extend. As an act that would be an offense. It will be punishable with imprisonment for ten years or more. There would be life imprisonment or death under the BNSS, 2023.
Q: What is the meaning of “village” in this section?
A: It includes the village lands and not just the built-up area.
