Published on: 15 September 2023 at 09:30 IST
Court: Supreme Court of India
Citation: People’s Union for Civil Liberties V. Union of India (2004)
Honourable Supreme Court of India has held that the Section 39 of the Code of Criminal Procedure, 1973 casts a duty upon every person to furnish information regarding offences. It is the duty of everybody to assist the State in detection of the crime and bringing criminals to justice.
37. Section 39 of the Code of Criminal Procedure, 1973 casts a duty upon every person to furnish information regarding offences. Criminal justice system cannot function without the cooperation of people. Rather it is the duty of everybody to assist the State in detection of the crime and bringing criminals to justice. Withholding such information cannot be traced to right to privacy, which itself is not an absolute right. Right to privacy is subservient to that of security of State. Highlighting the necessity of people’s assistance in detection of crime this Court observed in State of Gujarat v. Anirudhsing that: (SCC p. 526, para 29)
“It is the salutary duty of every witness who has the knowledge of the commission of crime, to assist the State in giving evidence;”
Section 14 confers power to the investigating officer to ask for furnishing information that will be useful for or relevant to the purpose of the Act. Furthermore, such information could be asked only after obtaining a written approval from an officer not below the rank of a Superintendent of Police. Such power to the investigating officers is quite necessary in the detection of terrorist activities or terrorists.
Drafted By Abhijit Mishra