CrPC 42→BNSS 39

CrPC 42 to BNSS 39: Arrest on refusal to give name and residence

Section 42 CrPC (1973) replaced by Section 39 BNSS (2023)

View CrPC Section 42 →View BNSS Section 39 →

CrPC 42 to BNSS 39 at a Glance

Section 42 CrPC (Arrest on refusal to give name and residence) is now Section 39 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 42 to BNSS 39?

Section 42 of the Code of Criminal Procedure, 1973 became Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 39(2) BNSS reads released on a bond or bail bond where Section 42(2) CrPC read released on his executing a bond, with or without sureties, and its proviso reads bail bond where Section 42(2) CrPC read bond. Section 39(3) BNSS reads the bond or bail bond where Section 42(3) CrPC read the bond. These are changes of form, because Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. Section 39(1) BNSS has the same text as Section 42(1) CrPC apart from punctuation, and the period of twenty-four hours from the time of arrest is the same.

CrPC 42 vs BNSS 39: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4239
HeadingArrest on refusal to give name and residenceSame
Sub-sections3 sub-sectionsSame

CrPC 42 and BNSS 39: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 42, CrPC 1973

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.
BNSS 2023 (in force)

Section 39, BNSS 2023

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 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 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.

When It Applies: CrPC 42 vs BNSS 39

Under CrPC 42
  1. Under Section 42(1) of the Code of Criminal Procedure, 1973, a person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence and refuses, on demand of such officer, to give his name and residence, may be arrested by such officer in order that his name or residence may be ascertained.
  2. Under Section 42(1) CrPC, the same applies where the person gives a name or residence which such officer has reason to believe to be false.
  3. Under Section 42(2) CrPC, 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.
  4. Under the proviso to Section 42(2) CrPC, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
  5. Under Section 42(3) CrPC, 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.
Under BNSS 39
  1. Under Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence and refuses on demand of such officer to give his name and residence, may be arrested by such officer in order that his name or residence may be ascertained.
  2. Under Section 39(1) BNSS, the same applies where the person gives a name or residence which such officer has reason to believe to be false.
  3. Under Section 39(2) BNSS, 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.
  4. Under the proviso to Section 39(2) BNSS, if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India.
  5. Under Section 39(3) BNSS, 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.

Time Limits: CrPC 42 to BNSS 39

Under CrPC 42
  • Under Section 42(3) of the Code of Criminal Procedure, 1973, should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.Act text: “not be ascertained within twenty-four hours from the time of arrest”
  • Under Section 42(3) CrPC, the forwarding to the nearest Magistrate having jurisdiction is forthwith.Act text: “he shall forthwith be forwarded to the nearest Magistrate having jurisdiction”
Under BNSS 39
  • Under Section 39(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.Act text: “is not ascertained within twenty-four hours from the time of arrest”
  • Under Section 39(3) BNSS, the forwarding to the nearest Magistrate having jurisdiction is forthwith.Act text: “he shall forthwith be forwarded to the nearest Magistrate having jurisdiction”

What CrPC 42 to BNSS 39 Means in Practice

From 1 July 2024, the provision on arrest on refusal to give name and residence is found in Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 42 of the Code of Criminal Procedure, 1973. The person may be arrested in order that the name or residence may be ascertained, and once they are ascertained shall be released on a bond or bail bond, to appear before a Magistrate if so required. If they are not ascertained within twenty-four hours from the time of arrest, or the person fails to execute the bond or bail bond or furnish sufficient sureties, the person shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

FAQs: CrPC 42 to BNSS 39

Where is Section 42 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 42 of the Code of Criminal Procedure, 1973 is found in Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 42(1) CrPC maps to Section 39(1) BNSS, Section 42(2) CrPC maps to Section 39(2) BNSS, and Section 42(3) CrPC maps to Section 39(3) BNSS.

How does the release wording in Section 39 BNSS differ from Section 42 CrPC?▼

Section 42(2) of the Code of Criminal Procedure, 1973 read he shall be released on his executing a bond, with or without sureties. Section 39(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads he shall be released on a bond or bail bond. The proviso to Section 39(2) BNSS reads bail bond where the proviso to Section 42(2) CrPC read bond, and Section 39(3) BNSS reads bond or bail bond where Section 42(3) CrPC read bond. This is a change of form, because Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.

Did the conditions for arrest or the time limit of twenty-four hours change between Section 42 CrPC and Section 39 BNSS?▼

No. Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 42(1) of the Code of Criminal Procedure, 1973 apart from punctuation, and Section 39(3) BNSS, like Section 42(3) CrPC, speaks of twenty-four hours from the time of arrest.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·