Bharatiya Nagarik Suraksha Sanhita

Section 31

Public when to assist Magistrates and police

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⚡ Quick Answer Reference: Section 31 BNSS

Provision: Section 31 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
Jurisdiction: India
Summary: This section requires everyone to help a magistrate or police officer if they ask for assistance in certain situations. These situations include stopping someone from escaping, preventing a breach of peace, or stopping damage to public property.

Statutory Content

What does Section 31 of BNSS say?

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid— (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property.

Indian StandardSection 31, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 31 (India)

Court Pleading StandardSection 31 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 31 of BNSS mean?

Plain English Explanation

This section requires everyone to help a magistrate or police officer if they ask for assistance in certain situations. These situations include stopping someone from escaping, preventing a breach of peace, or stopping damage to public property.

Practical Interpretation

In real-life situations, this section means that if a police officer or magistrate asks for help, you must assist them if it's reasonable to do so. For example, if a police officer is trying to stop a fight, you should help them by staying out of the way or calling for backup.

Core Legal Purpose

The core purpose of this section is to ensure public safety and cooperation with law enforcement. It requires individuals to assist in maintaining law and order, preventing harm to others, and protecting public property.

Key Legal Elements

•The person being asked for assistance must be a reasonable person.
•The assistance must be requested by a magistrate or police officer.
•The assistance must be in one of the specified situations (preventing escape, breach of peace, or damage to public property).
•The assistance must be reasonable and not put the person at risk of harm.

Practical Example

Practical Example of Section 31 BNSS

Rajesh is walking down the street when he sees a group of people fighting. A police officer arrives and asks Rajesh to help him stop the fight. Rajesh must assist the police officer by staying out of the way or calling for backup. If Rajesh refuses to help, he may be charged under Section 31 of BNSS.

Common Questions (FAQ)

Frequently Asked Questions about Section 31 BNSS

Q: What is the punishment or consequence under Section 31 of BNSS?

The punishment for refusing to assist a magistrate or police officer under Section 31 of BNSS is not explicitly stated in the section. However, it is likely to be a fine or imprisonment, as the section is part of the Bharatiya Nagarik Suraksha Sanhita, which deals with public safety and security.

Q: Does this section apply to private individuals or public entities?

This section applies to all individuals, including private individuals and public entities. However, the extent of their liability may vary depending on their role and responsibilities.

Q: Is an offence under this section bailable or cognizable?

An offence under Section 31 of BNSS is likely to be a non-cognizable and non-bailable offence, as it deals with a failure to assist law enforcement. However, the exact classification may depend on the specific circumstances of the case.

Common Questions about Section 31 BNSS

What is Section 31 of BNSS?

Section 31 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Public when to assist Magistrates and police". In plain terms: This section requires everyone to help a magistrate or police officer if they ask for assistance in certain situations. These situations include stopping someone from escaping, preventing a breach of peace, or stopping damage to public property.

What is the punishment under Section 31 of BNSS?

Section 31 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 31 of BNSS bailable or non-bailable?

Whether Section 31 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 31 of BNSS?

The essential elements of Section 31 of BNSS are: The person being asked for assistance must be a reasonable person.; The assistance must be requested by a magistrate or police officer.; The assistance must be in one of the specified situations (preventing escape, breach of peace, or damage to public property)..

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