Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 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.
Brefe Detail
This section outlines the procedures and rights concerning the arrest of individuals who refuse to provide their name and residence when demanded by a police officer during a non-cognizable offence. It emphasizes the conditions under which an arrest may occur and the subsequent steps to be taken if the individual's identity cannot be verified.
Question & Answers
Q: Under what circumstances can a person be arrested without a warrant according to Section 39?
A: A person can be arrested if they refuse to provide their name and residence or if they provide information that the police officer believes to be false.
Q: What happens once the true name and residence are ascertained?
A: The individual shall be released on a bond or bail bond to appear before a Magistrate if required.
Q: What if the true identity is not determined within 24 hours?
A: If the true name and residence are not ascertained within 24 hours, or if the individual fails to execute the bond, they will be forwarded to the nearest Magistrate.
Example
1. A police officer stops a person suspected of theft. The person refuses to disclose their name and residence. The officer may arrest the individual to ascertain their identity.
2. If the arrested person's true identity is confirmed within 24 hours, they can be released on a bail bond to appear in court later.
3. If the individual cannot provide valid identification or refuses to cooperate, they must be taken to the nearest Magistrate for further proceedings.
Summary
Section 39 of the Bharatiya Nagarik Suraksha Sanhita establishes the authority of police officers to arrest individuals who refuse to disclose their identity during a non-cognizable offence. It outlines the procedure for verifying identity and the rights of the arrested person, including their release on bail once their true name and residence are confirmed. If identity verification is not achieved within 24 hours, the individual is forwarded to a Magistrate.
