Section 39: Arrest On Refusal To Give Name And Residence
Code:
(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.
Explanation:
This section of the BNSS deals with the arrest of a person accused of a non-cognizable offence who refuses to identify themselves to the police officer. It outlines the following procedures:
- If a person commits or is accused of a non-cognizable offence in the presence of a police officer, and refuses to provide their name and residence, or provides false information, the officer can arrest them. This arrest is only for the purpose of ascertaining the person’s true identity.
- Once the true name and residence are known, the person is to be released on a bond or bail bond. They may be required to appear before a Magistrate.
- If the person is not a resident of India, a surety resident in India is required for the bail bond.
- If the true name and residence cannot be determined within 24 hours, or the person fails to execute the bond or provide sureties, they must be presented to the nearest Magistrate.
Illustration:
Imagine a person is caught littering in public by a police officer. This is a non-cognizable offence. The officer asks the person their name and address. The person refuses to provide this information. The officer, under this section, can arrest the person to find out their identity. Once the person’s identity is confirmed, they will be released on a bond, potentially with a requirement to appear before a Magistrate.
Common Questions and Answers: on Arrest On Refusal To Give Name And Residence
Q: What is a non-cognizable offence?
A: A non-cognizable offence is an offence that a police officer cannot arrest a person for without a warrant.
Q: Can a police officer arrest someone for refusing to give their name if they haven’t committed an offence?
A: No, this section only applies if the person has been accused of a non-cognizable offence.
Q: What happens if the person refuses to give their name and residence, but the police officer doesn’t arrest them?
A: The police officer may choose not to arrest the person. But, they can still take steps to investigate the matter and attempt to identify the person.
Q: What are the consequences of failing to appear before the Magistrate?
