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CHAPTER V ARREST OF PERSONS

Section 39: Arrest on refusal to give name and residence

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 6 of our papers cite Section 39. Try these from the free papers:

  1. 1. In the presence of a police officer, X commits a non-cognizable offence and, on demand, refuses to give his name and residence. The officer arrests him at 10 a.m. on Monday. By 10 a.m. on Tuesday his true name and residence still have not been ascertained. Under Section 39 of the BNSS, X

Practise questions on Bharatiya Nagarik Suraksha Sanhita