CrPC 42 — Arrest on refusal to give name and residence

Code of Criminal Procedure, 1973

Statutory 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  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.

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