Arrest on refusal to give name and residence
AI Assist
Summary
If someone accused of a non-cognizable offence refuses a police officer's demand for name and residence, or gives a name or address the officer believes false, the officer may arrest them to ascertain identity. Once the true name and residence are found they must be released on bond or bail to appear before a Magistrate if required. If identity is not established within 24 hours, or bond/sureties are not furnished, they must be promptly forwarded to the nearest Magistrate; non-residents need an Indian surety for bail.
Example
Arjun is stopped near a market and accused of a minor non-cognizable disturbance, but he refuses a police officer's demand to give his name and residence. The officer arrests him to verify his identity. When Arjun's true name and address are confirmed the same day, he is released on a bond to appear before a Magistrate if required.
Bare Act
Enacted text(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.
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