CrPC Section 38
Criminal Procedure Code (CrPC), 1973 โ Section 38
๐ Section 38: Aid to the Magistrate and the police
Bare Act Language:
"Every person is bound to assist a Magistrate or police officer reasonably demanding his aidโ
(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest;
(b) in the prevention or suppression of a breach of the peace;
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property."
โ Explanation:
Section 38 imposes a legal duty on every citizen to assist Magistrates and police officers in specific situations when reasonably requested. This duty arises in the following circumstances:
Assisting in Arrests:
If a police officer or Magistrate is trying to arrest someone, or prevent their escape, and asks for help, you are legally required to assist.
Preventing Breach of Peace:
If there's a situation involving a threat to public peace (e.g., riots, fights), and you're asked to help stop it, you must assist.
Protecting Public Property:
You must help prevent damage to important public infrastructure like railways, canals, telegraphs, etc., if requested.
โ ๏ธ Legal Implications:
Refusal to assist, without lawful excuse, can lead to penalties under other sections of the IPC (Indian Penal Code), such as Section 187 IPC (non-compliance with lawful directions of a public servant).
๐งพ Example:
Suppose a person is trying to vandalize a railway signal and a police officer calls nearby civilians for help. Under Section 38 CrPC, those civilians are legally obliged to assist the officer in stopping the act.
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