Code of Criminal Procedure, 1973 · Section 42

CrPC 42 in BNSS: Section 39

Section 42 of the Code of Criminal Procedure, 1973 corresponds to Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 42 deals with arrest on refusal to give name and residence. The NCRB table marks it as changed. Compare the wording below. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 42 is now BNSS 39.

Arrest on refusal to give name and residence · The NCRB table marks it as changed. Compare the wording below.

Modified
91% of the old wording kept
Old · CrPC 1973 · Ch. V
s. 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 39
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 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.
Text from India Code

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