CrPC Section 42: Arrest on refusal to give name and residence
Code of Criminal Procedure, 1973 · Chapter 5: Arrest of Persons
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 42. 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 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.
Study: explanations and related material
Now BNSS 39 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p3
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 41. When police may arrest without warrant
- 41A. Notice of appearance before police officer
- 41B. Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest
- 41C. Control room at districts
- 41D. Right of arrested person to meet an advocate of his choice during interrogation
- 43. Arrest by private person and procedure on such arrest
- 44. Arrest by Magistrate
- 45. Protection of members of the Armed Forces from arrest
- 46. Arrest how made
- 47. Search of place entered by person sought to be arrested
- 48. Pursuit of offenders into other jurisdictions
- 49. No unnecessary restraint
- 50. Person arrested to be informed of grounds of arrest and of right to bail
- 50A. Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
- 51. Search of arrested persons
- 52. Power to seize offensive weapons
- 53. Examination of accused by medical practitioner at the request of police officer
- 53A. Examination of person accused of rape by medical practitioner
- 54. Examination of arrested person by medical officer
- 54A. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 55A. Health and safety of arrested person
- 56. Person arrested to be taken before Magistrate or officer in charge of police station
- 57. Person arrested not to be detained more than twenty-four hours
- 58. Police to report apprehensions
- 59. Discharge of person apprehended
- 60. Powers, on escape, to pursue and re-take
- 60A. Arrest to be made strictly according to the Code