Report No. 33

Section 44, Code of Criminal Procedure, 1898

1. Subject-matter of the Report.-

Section 44 of the Code of Criminal Procedure, 1898, imposes an obligation on every person who is aware of the commission of, or of the intention of any other person, to commit the specified offences, to forthwith give information to the nearest Magistrate or Police Officer of such commission or intention (in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware).

Now it has been suggested that a provision be inserted in the Code, as section 44A, to require public servants to give information about bribery, etc. It is this suggestion1 which is the subject-matter of this Report.

1. Suggestion of the Central Bureau of Investigation, S. No. 1 in Law Commission File No. F. 1(2)/67 L.C., copied from S. No. 441 in File No. F. 3(2)/55 L.C., Pt. VII.