Section 39 BNSS: Arrest on refusal to give name and residence (Formerly Section 42 CrPC)

Section 39 of Bharatiya Nagarik Suraksha Sanhita, 2023: Arrest on refusal to give name and residence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Cognizable Offence Sec 2(1)(c) Police Station Sec 2(1)(q) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 39

Section 39 regulates the arrest of persons who, in the presence of a police officer, commit or are accused of committing a non-cognizable offence and refuse to give their name and residence, or give false particulars.

Non-Cognizable Offence Context: Committed in the presence of an officer, or accused of committing in their presence.
Refusal or False Particulars: Refusal to give name and address, or providing particulars believed by the officer to be false.
Limited Detention Scope: Arrested strictly for the purpose of ascertaining true name and address; must be released on bond once identity is verified, or produced before Magistrate within 24 hours.

Key Landmark Precedents:

State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: The Supreme Court clarified that police cannot arrest for non-cognizable offences without a warrant, except under the strict, limited parameters of Section 42 CrPC (Section 39 BNSS).
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Emphasised that even in identity verification arrests, constitutional detention limits of 24 hours under Article 22(2) are absolute.

Courtroom Practice & Strategic Litigation Guidance:

If the detainee furnishes credible Aadhaar, driving license, or residential proof, continuing detention under Section 39 becomes unlawful, exposing the police to damages for wrongful confinement.