Arrest on refusal to give name and residence.
What this section does
A police officer may arrest a person who, in the officer's presence, commits or is accused of a non-cognizable offence and refuses to give their name and residence or gives details believed to be false, in order to ascertain their true identity. Once the true name and residence are ascertained, the person must be released on a bond or bail bond to appear before a Magistrate if required. If the true identity is not ascertained within twenty-four hours, or the person fails to execute the bond or furnish sureties, they must be forwarded to the nearest Magistrate.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Police officer · Accused person · Magistrate · Surety
- Time limit
- 24 hours to ascertain true name and residence; failing which, person to be forwarded to nearest Magistrate
Derived from CrPC s.42.
Read the official text
For the binding statutory text of BNSS Section 39, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 39 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.