Law4u - Made in India

What is BNSS Section 39?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Maneesh Kumar Nigam

Advocate Maneesh Kumar Nigam

Anticipatory Bail, Cheque Bounce, Criminal, Consumer Court, Divorce, Family, Domestic Violence, Motor Accident, R.T.I

Get Advice
Advocate Zamir Ahmad Jafri

Advocate Zamir Ahmad Jafri

Criminal, Family, Muslim Law, Succession Certificate, Court Marriage

Get Advice
Advocate Sumit Kalia

Advocate Sumit Kalia

Motor Accident, Landlord & Tenant, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Recovery, Succession Certificate, Supreme Court, Revenue, Wills Trusts, R.T.I

Get Advice
Advocate Sandeep Kumar Gupta

Advocate Sandeep Kumar Gupta

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Criminal, Insurance, Arbitration

Get Advice
Advocate Prakashkumar Karsanlal Trivedi

Advocate Prakashkumar Karsanlal Trivedi

Anticipatory Bail, Cheque Bounce, Civil, Family, GST

Get Advice
Advocate Deep Kumar Patwa

Advocate Deep Kumar Patwa

Criminal, Civil, Motor Accident, Revenue, Cheque Bounce

Get Advice
Advocate Bharat Singh Advocate Of Supreme Court Of India

Advocate Bharat Singh Advocate Of Supreme Court Of India

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Customs & Central Excise, Criminal, High Court, Motor Accident, RERA, Supreme Court

Get Advice
Advocate Indu Gupta

Advocate Indu Gupta

Child Custody, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Succession Certificate, Criminal, Civil, High Court, Cheque Bounce, Consumer Court, Documentation, Anticipatory Bail

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.