Remeduy for violation of section 39 of crpc ?

Social Worker


As per Section 39 of CrPC

(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 Indian Penal Code,(45 of 1860) namely:-


(v) sections 302, 303 and 304 (that is to say, offences affecting life);


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.

My Question is what does the law do or what action can be taken against the person if he does not comply with this?




It is an offence  under section 202 IPC, but non cognizable, a complaint can be filed for violation of section 39 Crpc.


Sec 39 CrPC Every person is bound to inform ...certain offences as enlisted..........

Does professionals (doctors) also come under the ambit of Sec. 39 crPC? 

As Sec 39 crPC does not include s*xual offences (rape), ......Whether doctors are duty bound to inform alleged rape cases admitted in the hospital or not? (especially when victim requests the doctor to keep the information secret from police/ magistrate)


Dr. Singh: This particular issue has been discussed here (below):





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