Skip to content
Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest Of Persons

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

Corresponding CrPC
Section 42 CrPC

Bare Act 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows a police officer to arrest a person who commits or is accused of a non-cognizable offence in the officer's presence and refuses to give, or gives a false, name or residence, so that it can be ascertained. Once ascertained, the person is released on a bond or bail bond to appear before a Magistrate if required, with sureties if not resident in India.

Chapter V: Arrest Of Persons

  1. 35 When police may arrest without warrant
  2. 36 Procedure of arrest and duties of officer making arrest
  3. 37 Designated police officer
  4. 38 Right of arrested person to meet an advocate of his choice during interrogation
  5. 39 Arrest on refusal to give name and residence
  6. 40 Arrest by private person and procedure on such arrest
  7. 41 Arrest by Magistrate
  8. 42 Protection of members of Armed Forces from arrest
  9. 43 Arrest how made
  10. 44 Search of place entered by person sought to be arrested
  11. 45 Pursuit of offenders into other jurisdictions
  12. 46 No unnecessary restraint
  13. 47 Person arrested to be informed of grounds of arrest and of right to bail
  14. 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
  15. 49 Search of arrested person
  16. 50 Power to seize offensive weapons
  17. 51 Examination of accused by medical practitioner at request of police officer
  18. 52 Examination of person accused of rape by medical practitioner
  19. 53 Examination of arrested person by medical officer
  20. 54 Identification of person arrested
  21. 55 Procedure when police officer deputes subordinate to arrest without warrant
  22. 56 Health and safety of arrested person
  23. 57 Person arrested to be taken before Magistrate or officer in charge of police station
  24. 58 Person arrested not to be detained more than twenty-four hours
  25. 59 Police to report apprehensions
  26. 60 Discharge of person apprehended
  27. 61 Power, on escape, to pursue and retake
  28. 62 Arrest to be made strictly according to Sanhita
ShareWhatsAppTelegramLinkedInX