BNSS Section 39 — Arrest on refusal to give name and residence

CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Criminal

Summary

If a person is seen by a police officer committing a non-cognizable offence, or is accused of doing so, and refuses to give their name and address when asked, or gives a name and address the officer believes is false, the officer can arrest them to find out their real name and address. Once the correct name and address are known, the person must be released on a bond or bail bond to appear before a Magistrate if needed, but if the person is not a resident of India, the bail bond must have a surety who lives in India. If the person’s true name and address cannot be found within 24 hours of arrest, or if they fail to sign the bond or provide required sureties, they must be sent immediately to the nearest Magistrate who has authority over the case.

Official Text

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required:

Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India.

(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §42 — Arrest on refusal to give name and residence