Section 42 of CrPC : Section 42: Arrest on refusal to give name and residence.

Explanation using Example

Example 1:

Scenario: Ramesh is found littering in a public park in Mumbai, which is a non-cognizable offence.

Situation: A police officer approaches Ramesh and asks for his name and residence. Ramesh refuses to provide this information.

Application of Section 42:

1. The police officer demands Ramesh's name and residence.
2. Ramesh refuses to give his name and address.
3. The police officer, suspecting that Ramesh might be giving false information or refusing to cooperate, arrests Ramesh to ascertain his true identity.
4. Once Ramesh's true name and residence are verified, he is released after signing a bond to appear before a Magistrate if required.
5. If Ramesh fails to provide his true name and residence within 24 hours or does not sign the bond, he is taken to the nearest Magistrate.

Example 2:

Scenario: Priya is caught by a police officer for playing loud music late at night in her apartment in Bangalore, which is a non-cognizable offence.

Situation: The police officer asks Priya for her name and residence. Priya provides a name and address that the officer suspects to be false.

Application of Section 42:

1. The police officer demands Priya's name and residence.
2. Priya provides information that the officer believes to be false.
3. The officer arrests Priya to verify her true identity.
4. After verifying Priya's true name and residence, she is released upon signing a bond to appear before a Magistrate if required.
5. If Priya's true name and residence are not verified within 24 hours or she fails to sign the bond, she is taken to the nearest Magistrate.

Example 3:

Scenario: Ankit, a tourist from the USA, is found smoking in a no-smoking zone in Delhi, which is a non-cognizable offence.

Situation: A police officer asks Ankit for his name and residence. Ankit refuses to provide this information.

Application of Section 42:

1. The police officer demands Ankit's name and residence.
2. Ankit refuses to give his name and address.
3. The police officer arrests Ankit to ascertain his true identity.
4. Once Ankit's true name and residence are verified, he is released after signing a bond to appear before a Magistrate if required.
5. Since Ankit is not a resident of India, the bond must be secured by a surety who is a resident of India.
6. If Ankit's true name and residence are not verified within 24 hours or he fails to sign the bond and provide a surety, he is taken to the nearest Magistrate.