Section 42 of CrPC : Section 42: Arrest On Refusal To Give Name And Residence

Explanation using Example

Imagine a scenario where a police officer witnesses a person causing a minor public disturbance, which is a non-cognizable offence. The officer approaches the individual to address the situation and asks for his name and residence. The individual, however, refuses to provide this information and seems suspicious. Under Section 42(1) of The Code of Criminal Procedure, 1973, the officer has the authority to arrest the person to ascertain his true identity.

Once at the police station, if the individual reveals his true name and address, the officer can release him, as per Section 42(2), on the condition that he signs a bond promising to appear before a magistrate if required. If the individual is not an Indian resident, then the bond must be guaranteed by someone who is.

However, if the individual either does not disclose his true identity within 24 hours or fails to sign the bond (or provide a sufficient surety if needed), according to Section 42(3), the police must present him to a magistrate without unnecessary delay.