CrPC Section 42 — Arrest on refusal to give name and residence

Summary

Sub-section (1) applies when a person commits, or is accused of committing, a non-cognizable offence in a police officer’s presence. If the person refuses, when asked, to give their name and residence, or gives details the officer has reason to believe are false, the officer may arrest them so their name or residence can be established.

Sub-section (2) says that once the person’s true name and residence are established, they must be released after executing a bond, with or without sureties, to appear before a Magistrate if required. The proviso says that if the person does not reside in India, the bond must be secured by one or more sureties who reside in India.

Sub-section (3) says that if the person’s true name and residence are not established within twenty-four hours of arrest, or the person does not execute the bond or, if required, provide sufficient sureties, they must be sent without delay to the nearest Magistrate who has jurisdiction.

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 3. Subs. by Act 41 of 2010, s. 3, for “The police officer may” (w.e.f. 2-11-2010). 4. Subs. by s. 3, ibid., for sub-section (4) (w.e.f. 2-11-2010). 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 his executing a bond, with or without sureties, to appear before a Magistrate if so required:

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

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

Referred to by

• CrPC §41 — When police may arrest without warrant
• CrPC §43 — Arrest by private person and procedure on such arrest
• CrPC §45 — Protection of members of the Armed Forces from arrest

Old <-> New Code Mapping

• BNSS §39 — Arrest on refusal to give name and residence