Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest of Persons
Section 39: Arrest on refusal to give name and residence
In plain words
A person who commits, or is accused of, a non-cognizable offence in a police officer's presence and refuses to give their name and address, or gives a false one, can be arrested so that their identity can be found out.
- Once their true name and address are known, they must be released on a bond or bail bond to appear before a Magistrate if required. A non-resident needs a surety living in India.
- If their identity is not found within twenty-four hours, or they do not sign the bond, they must be sent to the nearest Magistrate.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 39
No Supreme Court judgment in our database cites this section yet.