Section 33 BNSS - Public to Give Information of Certain Offences
Section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023 imposes a statutory duty on every person who is aware of the commission of, or another person's intention to commit, specified offences under the Bharatiya Nyaya Sanhita, 2023. Unless the person has a reasonable excuse, information must be given forthwith to the nearest Magistrate or police officer.
Meaning and Scope of Section 33 BNSS
Section 33 creates a mandatory reporting obligation in relation to the specified offences. The duty arises when a person is aware either that one of the listed offences has been committed or that another person intends to commit such an offence.
The information must be given to the nearest Magistrate or police officer. The provision also expressly recognises a defence of reasonable excuse, but places the burden of proving that excuse on the person who was aware of the commission or intended commission.
Section 33 - Statutory Text
33. (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);
(vi) sections 189 and 191;
(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, 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.
BNS Sections Covered by Section 33 BNSS
Section 33 does not apply to every offence under the Bharatiya Nyaya Sanhita, 2023. It expressly identifies the BNS provisions to which the reporting duty applies. The statutory list should be checked directly because the duty depends on the offence falling within one of these specified provisions.
| Clause | BNS provisions expressly listed in Section 33(1) |
|---|---|
| (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 |
| (vi) | Sections 189 and 191 |
| (vii) | Sections 274 to 280, both inclusive |
| (viii) | Section 307 |
| (ix) | Sections 309 to 312, both inclusive |
| (x) | Section 316(5) |
| (xi) | Sections 326 to 328, both inclusive |
| (xii) | Sections 331 and 332 |
For the precise ingredients, definitions, exceptions and punishment applicable to any listed offence, the corresponding provision of the Bharatiya Nyaya Sanhita, 2023 should be read in full.
Duty to Give Information Forthwith
Section 33 requires the information to be given forthwith. The statutory wording indicates that the duty is intended to operate promptly after the person becomes aware of the relevant commission or intention, subject to any reasonable excuse recognised on the facts.
The required destination is the nearest Magistrate or police officer. The section does not state that the information must first be given to a particular police station.
Reasonable Excuse and Burden of Proof
Section 33 expressly qualifies the reporting duty by the words "in the absence of any reasonable excuse". It also expressly provides that the burden of proving such excuse lies on the person who was aware of the relevant commission or intention.
Whether an excuse is reasonable depends on the circumstances of the particular case. The statutory wording is important because it both recognises the possibility of an excuse and allocates the burden of proving it.
Acts Committed Outside India - Section 33(2)
For Section 33, the term "offence" is extended beyond acts committed within India. Sub-section (2) includes an act committed at any place outside India if that act would constitute an offence if committed in India.
This is a special definition for the purposes of Section 33 and is relevant when the information known to the person concerns conduct occurring outside India.
Section 33 at a Glance
| Question | Rule under Section 33 BNSS |
|---|---|
| Who has the duty? | Every person who is aware of the commission of, or another person's intention to commit, a listed BNS offence. |
| Which offences are covered? | Only the BNS provisions specifically listed in Section 33(1). |
| When must information be given? | Forthwith, unless there is a reasonable excuse. |
| To whom? | The nearest Magistrate or police officer. |
| Who proves reasonable excuse? | The burden lies upon the person who was aware of the commission or intention. |
| Can conduct outside India be covered? | Yes, if it would constitute an offence if committed in India, for the purposes of Section 33. |
Official Legal Resources
The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 can be checked through the official India Code database. The Ministry of Home Affairs also provides the new criminal laws and the official commencement notification.
This page is intended as a legal information resource. In an individual matter, the exact BNS provision, knowledge attributed to the person, timing and manner of communication, and any claimed reasonable excuse should be examined on the facts.