सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 31

Public when to assist Magistrates and police

Why this exists

Colonial-era criminal procedure law (originally Section 37 of the Code of Criminal Procedure, 1861, carried forward through 1898 and 1973 Codes) recognised that police and magistrates cannot always control crowds, catch fleeing suspects, or stop riots alone. This provision creates a civic duty on ordinary citizens to lend reasonable assistance when officially and reasonably asked, reflecting the idea that maintaining public order and protecting public property is a shared responsibility, not just the state's job. The Bharatiya Nagarik Suraksha Sanhita, 2023 retains this duty essentially unchanged from the earlier Code of Criminal Procedure.

How courts read it

Courts have historically treated this as a limited, narrowly-scoped duty — it applies only when a magistrate or police officer makes a 'reasonable' demand for help, and only for the three specific purposes listed (arrest/escape prevention, breach of peace, and protection of public property). Judicial commentary has emphasised that refusal to assist without lawful excuse can attract separate penal consequences (dealt with in the Bharatiya Nyaya Sanhita's offence provisions), but the officer's demand itself must be reasonable and within their authority — citizens are not bound to obey arbitrary or unlawful demands for help.

Common misconceptions
  • Myth: You can be forced to help police with anything they ask, even unrelated tasks.
    Fact: The duty only applies to three specific situations: helping arrest or stop the escape of someone the officer is authorised to arrest, stopping a breach of the peace, or preventing damage to public property — and only when the demand is reasonable.
  • Myth: This law lets police compel citizens to use violent or dangerous force.
    Fact: The provision only requires 'reasonable' assistance; it does not authorise officers to demand actions that are unreasonable, unlawful, or dangerous beyond what a person could reasonably be expected to do.