CrPC · Code of Criminal Procedure, 1973

Section 42 CrPC

Arrest on refusal to give name and residence

Procedure & effect

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.
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.
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.

FAQ — Section 42 CrPC

Section 42 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Arrest on refusal to give name and residence”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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. When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or w

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.