Criminal procedure law in India

Section 42 CrPC: Arrest on Refusal to Give Name and Residence

Section 42 of the Code of Criminal Procedure, 1973 permitted a police officer to arrest a person suspected or accused of a non-cognizable offence in limited circumstances where the person refused to provide a name and residence or supplied details reasonably believed to be false. The corresponding provision now is Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving provisions in Section 531 BNSS. For current procedures, read Section 39 BNSS; Section 42 CrPC remains relevant to matters governed by the former Code.

Section 42 of the Code of Criminal Procedure, 1973

Heading: Arrest on refusal to give name and residence.

Sub-section (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.

Sub-section (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.

Sub-section (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.

These provisions describe a limited power to establish identity, not a general power to arrest anyone who declines to answer a question.

Section 39 BNSS: The corresponding law in force

Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is also titled Arrest on refusal to give name and residence. It substantially retains the conditions previously found in Section 42 CrPC.

Section 39(1): When arrest is permitted

A police officer may arrest a person for the limited purpose of ascertaining the person's name or residence if the person has committed, or is accused in the officer's presence of committing, a non-cognizable offence and refuses to supply those particulars on demand or supplies particulars that the officer has reason to believe are false.

Section 39(2): Release after identity is established

Once the true name and residence have been established, the person must be released on a bond or bail bond to appear before a Magistrate if required. For a person who is not resident in India, the bail bond must be secured by one or more sureties resident in India.

Section 39(3): Magistrate within 24 hours in specified cases

If the name and residence cannot be established within 24 hours from arrest, or the person fails to execute the required bond or bail bond or furnish sufficient sureties when required, the person must be forwarded forthwith to the nearest Magistrate having jurisdiction.

Read the complete enactment in the Bureau of Police Research and Development's official New Criminal Laws collection.

Conditions for arrest for refusal to give name and residence

Non-cognizable offence: The case must involve an offence classified as non-cognizable, meaning the police ordinarily lack power to arrest without a warrant for that offence, except where a specific law authorises it.
Presence of the officer: The alleged offence must have been committed, or the accusation must have been made, in the presence of the police officer as stated in the provision.
Demand for particulars: The officer must ask for the person's name and residence.
Refusal or suspected false information: The person refuses to provide those details, or the officer has reason to believe the details supplied are false.
Limited purpose: The power is exercised to ascertain the true name or residence, and release obligations follow once those details are known.

Release on bond and the 24-hour rule

The purpose of the provision is identity verification. When the person's correct name and residence are known, release on the prescribed bond or bail bond is mandatory under Section 39(2), subject to the statutory conditions. The provision does not authorise indefinite detention for identification.

The 24-hour period in Section 39(3) is a trigger for forwarding the person to a competent Magistrate where identification remains unresolved. The same obligation arises where the person fails to execute the required bond or provide sufficient sureties when required. It should not be misunderstood as permission to hold a person for 24 hours after identity has already been established.

Rights and safeguards during arrest

The specific arrest power in Section 39 BNSS must be read together with other applicable legal protections, including the constitutional safeguards under Article 22 of the Constitution of India and the BNSS rules governing arrest procedures, notification of grounds of arrest and access to legal assistance.

A person affected by such an arrest may ask the officer to explain the legal grounds for the arrest, provide accurate identifying particulars, and seek legal assistance. Whether a particular arrest was lawful depends on the facts and all applicable legal requirements.

What is a non-cognizable offence?

Under the BNSS definition, a non-cognizable offence is one for which a police officer has no authority to arrest without a warrant. Section 39 creates a specific, narrow exception where the statutory conditions for verifying identity are met.

Does refusal to give an address always justify arrest?

No. Section 39 requires the additional statutory conditions, including a non-cognizable offence committed or alleged in the officer's presence and refusal to give particulars on demand or reasonable grounds to believe the supplied particulars are false.

Does Section 42 CrPC still apply?

Section 42 is part of the repealed CrPC. Section 531 BNSS preserves the application of the former Code to specified pending proceedings and related transitional situations. The correct procedural law depends on the date and status of the case.

Official statutes and further reading

Updated 16 October 2026. This article is for general legal information and is not a substitute for advice on individual facts.