Arrest on refusal to give name and residence
AI Assist
Summary
When a person who has committed or is accused of a non-cognizable offence in a police officer's presence refuses to give name or residence, or gives a name or address the officer believes false, the officer may arrest them to ascertain identity. Once true name and residence are found, they are released on a bond, with or without sureties, to appear before a Magistrate if required; non-residents must provide an India-resident surety. If identity is not ascertained within 24 hours or they fail to execute the bond or furnish sureties, they must be forwarded to the nearest Magistrate.
Example
Ravi is involved in a minor street quarrel and the police suspect a non-cognizable offence. He refuses to give his name and gives a false address, so the officer arrests him to check his identity. When Ravi's true name and address are verified, he is released after executing a bond to appear before a Magistrate if required. Had his identity not been found within 24 hours or he refused the bond, he would have been sent to the nearest Magistrate.
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 his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
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