Powers of Superior Officers of Police and Aid to Magistrates and Police (Sections 30-34 of BNSS 2023)

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduces a structured legal framework to streamline law enforcement in India. Chapter IV of BNSS outlines the powers of superior officers of police and the public’s duty to assist magistrates and police officers, ensuring effective law enforcement and public cooperation. Sections 30 to 34 of BNSS provide clarity on the authority vested in senior police officers and the obligations imposed on civilians and village officials to aid law enforcement.

Section 30: Powers of Superior Officers of Police

According to Section 30 of BNSS, police officers superior in rank to an officer in charge of a police station may exercise the same powers throughout the local area of their appointment as the officer in charge within the station limits. This provision empowers senior police officials to take charge when necessary, ensuring efficiency in law enforcement.

Key Powers of Superior Officers 

• Supervision of Investigation: Senior officers can oversee criminal investigations to ensure they are conducted thoroughly and lawfully. They have the authority to transfer cases between investigating officers.
• Order of Investigation: They can initiate investigations even in the absence of an FIR.
• Arrest without Warrant: In cases of cognisable offences, senior officers can arrest suspects without prior judicial approval.
• Grant of Bail: For bailable offences, they can grant bail at their discretion.
• Preventive Detention: To prevent potential threats, superior officers can order detention under applicable legal provisions.
• Issuing Search Warrants: They have the authority to issue search warrants and seize evidence.
• Property Seizure: They can seize property linked to criminal activities.

Judicial Precedents

• Babu v. State of Karnataka (2007 CrLJ 3802): The court observed that failure of senior officers to utilise their powers resulted in unregulated investigations.
• State of Bihar v. J.A.C. Saldanha (AIR 1980 SC 326): The Supreme Court ruled that the Inspector General can exercise the powers of an officer in charge throughout their jurisdiction.
• State of Kerala v. P.B. Sourabhan (AIR 2016 SC 1194): The Supreme Court upheld that the state police chief could appoint superior officers to investigate cases beyond their territorial jurisdiction.

Section 31: Public Duty to Assist Magistrates and Police

Section 31 imposes a legal obligation on every citizen to assist magistrates and police officers when reasonably required in:

• Arrest Assistance: Preventing the escape of individuals authorised for arrest.
• Suppressing Breaches of Peace: Assisting in maintaining public order.
• Protection of Public Property: Preventing damage to common utilities and historical sites.

Judicial Interpretation

• Emperor v. Joti Prasad (1920 42 All 314): The court clarified that the public cannot be compelled to perform the routine duties of police officers.

Section 32: Aid to Non-Police Individuals Executing Warrants

Under this section, when a warrant is directed to a person other than a police officer, other individuals are legally required to aid in its execution.

This section states that a person having knowledge of the commission of any offence punishable under the following sections of Bharatiya Nyaya Sanhita, 2023:

• Sections 103 to 105 (both inclusive)
• Sections 111 to 113 (both inclusive)
• Sections 140 to 144 (both inclusive)
• Sections 147 to 154 (both inclusive) and Section 158
• Sections 178 to 182 (both inclusive)
• Sections 189 and 191
• Sections 274 to 280 (both inclusive)
• Section 307
• Sections 309 to 312 (both inclusive)
• Sub-section (5) of Section 316
• Sections 326 to 328 (both inclusive)
• Sections 331 and 332

Significance:

1. Ensures cooperation from the public in warrant execution.
2. Expands the scope of law enforcement beyond the police force.

Section 33: Public Obligation to Report Certain Offences

According to Section 33, every person aware of the commission or intent to commit specific offences under the Bharatiya Nyaya Sanhita, 2023, must report it to the nearest magistrate or police.

Applicable Offences

The obligation applies to crimes under various sections, including:

• Sections 103-105: Public safety offences
• Sections 147-154: Rioting and unlawful assembly
• Section 307: Attempt to murder
• Sections 326-328: Grievous hurt and poisoning

Judicial Interpretation

• State of Gujarat v. Anirudh Singh (AIR 1997 SC 2780): Supreme Court emphasised that every citizen must report cognisable offences to the police.
• S.N. Naik v. State of Maharashtra (1996 Cr LJ 1463): The court clarified that citizens are only required to report offences explicitly listed in Section 33.

Penalties

Failure to report under Section 33 attracts penalties under Sections 211 and 239 of the Bharatiya Nyaya Sanhita, 2023.

Section 34: Duty of Village Officers to Report Crimes

Section 34 mandates that village officers and residents must report specific criminal activities to the nearest magistrate or police station, such as:

1. Presence of Criminals: Notorious receivers of stolen property or suspected offenders.
2. Planned Crimes: Information about ongoing or intended crimes.
3. Unnatural Deaths: Reporting suspicious deaths, disappearances, or unidentified corpses.

Definitions

• Village: Includes all lands under village jurisdiction.
• Proclaimed Offender: A person declared a fugitive under Indian law.
• Village Officials: Includes panchayat members, headmen, and other administrative officers.

Reporting Procedure

• Information must be conveyed to the nearest police station or magistrate.

Conclusion

The provisions under Sections 30 to 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establish a clear legal framework for law enforcement and public cooperation. The powers of superior police officers ensure effective supervision and intervention in investigations, while public duty provisions foster a collective approach to crime prevention.

To enhance effectiveness, greater public awareness and training programs for village officials are essential. Technology-based solutions can also facilitate better communication and reporting mechanisms. Ultimately, the success of these provisions hinges on a collaborative effort between the police, judiciary, and public.