What is BNSS Section 34?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 34: Duty of Officers Employed in Connection with Affairs of a Village to Make Certain Reports

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—

• (a) the permanent or temporary residence of any notorious receiver or vendor 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;
• (c) the commission of, or intention to commit, in or near such village any 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, 331 or 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.

In this section—

• (i) village includes village lands;
• (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 offences 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 perform any function connected with the administration of the village.

Brefe Detail

This section outlines the obligations of village officers and residents to report specific types of information to authorities. Key points include:

• Officers and residents must inform the nearest Magistrate or police station about various serious concerns.
• The types of information required include details about notorious individuals, suspicious activities, sudden deaths, and other significant matters affecting community safety.
• The definition of a "village" includes village lands, and specific terms like "proclaimed offender" are clarified for context.

Question & Answers

Q1: Who is required to report information under this section?

A1: Every officer employed in connection with village affairs and every person residing in the village is required to report.

Q2: What types of information must be reported?

A2: Information regarding notorious individuals, suspicious activities, non-bailable offences, sudden deaths, and any other matters affecting public order must be reported.

Q3: To whom should the information be communicated?

A3: The information should be communicated to the nearest Magistrate or to the officer in charge of the nearest police station.

Q4: What does "village" include in this context?

A4: The term "village" includes village lands.

Q5: What is the definition of a "proclaimed offender"?

A5: A "proclaimed offender" is any person declared as such by any Court or authority in any territory in India, concerning acts that would be punishable under the Bharatiya Nyaya Sanhita if committed within its jurisdiction.

Example

• Example 1: A village officer learns about a notorious thief living nearby and must report this information to the local police station.
• Example 2: A resident sees someone who looks like a proclaimed offender passing through the village and must notify the nearest Magistrate.
• Example 3: If a sudden death occurs in the village under suspicious circumstances, the headman is obligated to inform the authorities immediately.

Summary

Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the duty of village officers and residents to report critical information regarding crimes, suspicious activities, and public safety. This requirement aims to enhance community safety and facilitate timely responses from law enforcement.