Section 38 CrPC: Aid to Person Executing Warrant – Code of Criminal Procedure

This section of the Code of Criminal Procedure (CrPC) pertains to the duty of individuals to assist law enforcement officials in the execution of warrants.

1. State the Code

Section 38 of the CrPC states:

“Every person shall be bound to assist a police officer in the execution of his duty, and every person who refuses or neglects to assist such officer when called upon to do so, shall be punishable with fine which may extend to one hundred rupees.”

2. Explanation

This section emphasizes the obligation of citizens to cooperate with law enforcement officials when they are executing a warrant. The following points elaborate on the section:

• Duty to Assist:  a legal obligation for any person to assist a police officer in executing a warrant. This assistance can include providing information, access to premises, or any other reasonable help that is required.
• Refusal or Neglect: Any person who refuses or neglects to assist a police officer when called upon to do so can be penalized.
• Punishment: The punishment for refusing or neglecting to assist is a fine that can extend up to one hundred rupees.

3. Illustration

Consider a scenario where a police officer has a warrant to search a house for stolen goods. The owner of the house refuses to allow the officer to enter. In this case, the owner is violating Section 38 of the CrPC and could face a fine.

4. Common Questions and Answers

Q: What if a person is physically unable to assist?

A: If a person has a genuine disability that prevents them from assisting, they are not liable under this section. However, they must inform the officer of their inability and offer any other reasonable assistance if possible.

Q: What if the officer’s conduct is suspicious or illegal?

A: While it is generally mandatory to assist, if a person has reasonable suspicion that the officer’s conduct is illegal or improper, they can refuse assistance. However, it is advisable to contact a legal professional to confirm the legality of the officer’s actions.