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Every citizen has been given power of a police officer to ensure peace and order in the society and

thus a common
citizen can contribute a lot in the maintenance of law and order in the society.
Section 43 of the Criminal Procedure Code of India bestowed power of arrest to the common citizen if a cognizable
and non- bailable offence is committed in his or her presence. The section 43 says:
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable
and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be
made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause
him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-
arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a
police officer to give his name and residence, or gives a name or residence which such officer has reason to believe
to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that
he has committed any offence, he shall be at once released.

Responsibilities and obligations of common citizens in the Policing
It is the responsibility of a common citizen to assist the police in certain cases as well as to provide information to the
police regarding commission of various crimes.

Section 37 of the Criminal Procedure Code of India gives obligations to the common citizen to assist the
police and the magistrates:

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 railway, canal, telegraph or public property.
Section 39 of the Criminal Procedure Code of India enumerates certain kinds of information to be given to
the police by the common citizens:

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:-
(i) Sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter
VI of the said Code);

(ii) Sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII
of the said Code);

(iii) Offences relating to illegal gratification

(iv) Sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

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

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to
the committing of the theft);

(vii) Sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) Section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) Sections 431 to 439, both inclusive (that is to say, offences of mischief against property);

(x) Sections 449 and 450 (that is to say, offence of house-trespass);

(xi) Sections 456 to 460, both inclusive (that is to say, offences of lurking house-trespass); and

(xii) Sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes),

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.


HOW YOU CAN HELP THE POLICE:
In several cases, citizens are unwilling to disclose information on locally witnessed
crime incidents or accidents in fear of reprisals at the hands of criminal elements or
the persons involved or in order to avoid attending courts etc. Sometimes there is
information on very serious crime/accidents such as unauthorised weapons, narcotic
drugs, explosives, contraband etc, information about vehicles involved in accidents
and many a times description and identity of the perpetrators of the crime. Citizens
are bound by law to convey such information to the Police. Please cooperate
by kindly passing on such information to the Police immediately since delay
can be fatal.
It may be remembered that every Citizen is a policeman without uniform and every
Policeman is a citizen in uniform. Participation of members of public in police working
is very important as it does not only help police but ultimately it helps the public
only.
How people can help police
They can help police in two ways
a) In Investigation of crime
b) In prevention of crime.
(a) In investigation people can pass on valuable information to police regarding
o (i) Description of the accused/suspects
(ii) Number and description of the vehicle involved in the crime and the
direction in which it is speeding after the crime.
(iii) Vehicle abandoned in a public place for a long time
(iv) Weapons
(v) Explosives
(vi) Contrabands
(vii) Narcotic drugs, etc.
(viii) Suspicious movements of strangers or known people
The members of public are also advised not to handle anything or disturb the scene
of offense till the arrival of police which helps in collecting valuable piece of evidence
against the offender.
Citizens can call a hotline number 100 and report any information in complete
anonymity. The caller can give a fictitious birth date or identity number etc, which
could be used as a code for identification for follow-ups on the crime and for any
rewards that the caller may be eligible for.
(b) In the prevention of crime also members of public can play a major role. Mere
taking safety precautions in one's own interest amounts to a major contribution. The
important tips for the members of public to be observed in their day to day life are
given in the earlier paras.

Duties of Citizen
Every citizen is expected to inform the Police about the commission or likely commission of a cognizable
offence.
Every citizen is legally bound to follow the reasonable directions given by a Police Officer/Policeman in
Uniform.
Sheltering of proclaimed offenders is a serious offence. The citizen is supposed to render necessary
assistance to the Police in the discharge of their lawful duties.
Panchas: While effecting a search of any person or premises, or while seizing any property or documents, it
is mandatory for police to do so in the presence of two law respectable witnesses known as 'panchas'. It is
possible only if the citizens co-operate and come forward as 'panchas'. It is the right of the person searched
or whose property is seized to get a copy of the panchnama (seizure document) signed by the police officer
and two witnesses.
While hiring domestic servants, it is desirable to ascertain their antecedents and obtain photographs. Local
Police Station should also be kept informed.
All enlightened citizens must help in maintaining a pollution free environment. There are stringent laws
against noise and air pollution. Even for playing loud speakers/public address systems/any musical
instruments, including bands, orchestra, etc., at a public place, prior permission of the local police is
essential. In moving vehicles it is obligatory to keep the sound of a musical system low so as not to distract
the attention of other road users.
Being a Social human being, all of us should respect our laws, our Country.
Fundamental duties as entrained in the constitution of India
Legal duties vis--vis criminal law enforcement
Sec. 40 Cr PC
Duties to stop vehicle on red light
Duty to stay and duty to stop your vehicle on being asked by any police officer in uniform, on any public
place or public road. You have right to call for his identity
Duty to disclose your correct identity being asked by any police officer in uniform
Duty to submit yourself and your belongings including vehicle for search
Duty to obey lawful orders of police officer in uniform
Duty to appear as witness and state truth before police and courts even if it puts you at some inconvenience, Loss of
income and Physical risk. If you do not stand by the side of lay today, you and you dear ones can be next victim of
that very criminal. If you cannot take risk, you have no moral right to expect others to take risk.

Auxiliary police, also called Special Police, are usually the part-time reserves of a
regular police force. They may be armed or unarmed. They may be unpaid volunteers or paid
members of the police service with which they are affiliated. In most jurisdictions, Auxiliary Police
officers are empowered to make arrests for crimes that occur in their presence.

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