Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 39
Arrest on refusal to give name and residence
In one line
BNSS Section 39 deals with arrest on refusal to give name and residence and replaces CrPC 42.
Bare act text — BNSS 39
39. Arrest on refusal to give name and residence.
(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 hasreason 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.
What changed from the CrPC
- CrPC 42 → BNSS 39: The words "his executing a bond with or without sureties" are replaced by "bond or bail bond," .
Frequently asked
What was BNSS Section 39 in the CrPC?
BNSS Section 39 (Arrest on refusal to give name and residence) replaces Section 42 of the Code of Criminal Procedure, 1973. CrPC 42 is now BNSS 39.
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Nearby BNSS sections
- BNSS 34 — Duty of officers employed in connection with affairs of a village to make certain report
- BNSS 35 — When police may arrest without warrant
- BNSS 36 — Procedure of arrest and duties of officer making arrest
- BNSS 37 — Designated police officer
- BNSS 38 — Right of arrested person to meet an advocate of his choice during interrogation
- BNSS 40 — Arrest by private person and procedure on such arrest
- BNSS 41 — Arrest by Magistrate
- BNSS 42 — Protection of members of Armed Forces from arrest
- BNSS 43 — Arrest how made
- BNSS 44 — Search of place entered by person sought to be arrested