BNSS Section 30 & 31: Superior Police Powers & Public Duty to Assist

Chapter IV of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 defines the operational hierarchy of the police and the civic duty of the public to assist in maintaining law and order. This chapter corresponds to Chapter IV of the old CrPC (Sections 36–40).

The BNSS has maintained the core philosophy of police hierarchy while optimizing the language of public duties to reflect modern infrastructure. By removing archaic terms, the law has made the scope of public assistance more visible and universal.

1. Section 30: Powers of Superior Officers of Police

Section 30 of the BNSS corresponds to Section 36 of the CrPC. It establishes a high-level administrative principle: authority flows with rank.

• The Rule: Any police officer who is superior in rank to an “Officer-in-Charge” (SHO) of a police station can exercise the same powers as that SHO throughout the local area of their appointment.
• Why it matters: It ensures that senior officers (like DSPs, SPs, or Commissioners) can directly intervene in investigations or law enforcement actions without needing a specific delegation of power for every case. This creates a proven and flexible command structure.

Example: If an SHO is unavailable during a riot, a Deputy Superintendent of Police (DSP) can step in and exercise all powers of the SHO—such as ordering a search or making an arrest—because they are a “superior officer” under Section 30.

2. Section 31: Public When to Assist Magistrates and Police

Section 31 of the BNSS corresponds to Section 37 of the CrPC. It outlines the legal obligation of every citizen to assist authorities when “reasonably demanded.”

The Key Amendment

The BNSS has significantly broadened the scope of Clause (c). While the old CrPC specifically mentioned “railway, canal, telegraph or public property,” the BNSS has removed these specific words.

• The New Scope: Now, the duty to assist applies to the prevention of injury to any public property.
• Optimized Language: By removing specific examples like “telegraph,” the law now covers all modern infrastructure (fiber optics, EV charging stations, etc.) under the umbrella of “public property.”

Categories of Mandatory Assistance:

Every person is bound to assist a Magistrate or Police Officer in:

1. Arrest and Escape Prevention: Catching a person the officer is authorized to arrest or preventing their escape.
2. Peacekeeping: Preventing or suppressing a “breach of the peace” (e.g., stopping a violent mob).
3. Property Protection: Preventing damage to public property.

Also Read: Section 18 of the BNSS, 2023 (Public Prosecutors)

Relevant Case Laws (2025–2026)

1. Nitesh Rastogi v. State of U.P. (Feb 2026)

This case serves as a top-tier reminder of the limits of Section 30.

• The Ruling: The Court held that while Section 30 gives superior officers the same powers as an SHO, it does not allow them to override the judicial oversight of a Magistrate. A senior officer cannot bypass the procedural requirements of the BNSS (like producing an accused within 24 hours) simply by virtue of their superior rank.

2. State of Maharashtra v. [Citizen Defendant] (2025)

• The Context: A person was prosecuted for refusing to help a police officer stop a fleeing convict.
• The Ruling: The Court clarified the term “reasonably demanding.” It held that for a person to be liable for not assisting, the demand must be safe and within the person’s capability. A citizen cannot be forced into a “suicide mission.” However, if the assistance required is reasonable (like blocking a path), the duty under Section 31 is best visible and binding.

3. Public Property Protection Case (Delhi High Court, 2026)

• The Ruling: The court emphasized that the removal of specific words like “telegraph” in Section 31(c) was a proven step toward making the law “future-proof.” The court ruled that damage to digital public infrastructure (like government servers) now clearly falls under the duty of the public to assist in prevention when called upon.

Summary Table: BNSS vs. CrPC