Section 39 BNSS: Arrest on refusal to give name and residence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 39 BNSS at a Glance

Section 39 BNSS deals with arrest on refusal to give name and residence. It replaced Section 42 CrPC on 1 July 2024.

Was CrPC

Section 42 →

Section 39 BNSS Bare Act 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 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.

Source: Section 39, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 39 BNSS in Simple Words

Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest on refusal to give name and residence. When a 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 the officer has reason to believe to be false, the officer may arrest the person in order that the name or residence may be ascertained.

Once the true name and residence are ascertained, the person 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.

When Section 39 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 39 BNSS

  • 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”

Example of Section 39 BNSS

Vikram commits a non-cognizable offence in the presence of Meera, a police officer. Meera demands the name and residence of Vikram, and Vikram gives a residence which Meera has reason to believe to be false. Under Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Meera may arrest Vikram in order that the name or residence of Vikram may be ascertained. Within twenty-four hours from the time of arrest, the true name and residence of Vikram are ascertained, and Vikram is resident in India. Under Section 39(2) BNSS, Vikram shall be released on a bond or bail bond, to appear before a Magistrate if so required.

When Section 39 BNSS Does Not Apply

  • Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence. It does not deal with a person who has not.

Section 39 BNSS in the CrPC (Previous Law)

Section 39 BNSS replaced Section 42 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 39 BNSS

When may a police officer arrest a person for a non-cognizable offence under Section 39 BNSS?▼

Under Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a 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.

How is a person released after their true name and residence are ascertained under Section 39 BNSS?▼

Under Section 39(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. 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.

When must a person arrested under Section 39 BNSS be forwarded to a Magistrate?▼

Under Section 39(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction 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.

What changed from Section 42 CrPC to Section 39 BNSS from 1 July 2024?▼

From 1 July 2024, Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 42 of the Code of Criminal Procedure, 1973. 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. The proviso to Section 39(2) BNSS reads the bail bond shall be secured where the proviso to Section 42(2) CrPC read the bond shall be secured, and 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(3) BNSS uses if where Section 42(3) CrPC used should, and reads is not ascertained and fails where Section 42(3) CrPC read not be ascertained and fail. Section 39(1) BNSS has the same text as Section 42(1) CrPC apart from punctuation.

Section 39 BNSS: Sub-sections Explained

Section 39(1) BNSS: Arrest on refusal to give name and residence

▶

Bare Act 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 has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

Previous Law

CrPC 42 → Section 39(1) BNSS

Section 39(2) BNSS: Arrest on refusal to give name and residence

▶

Bare Act Text

(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.

Previous Law

CrPC 42(2) → Section 39(2) BNSS

Section 39(3) BNSS: Arrest on refusal to give name and residence

▶

Bare Act Text

(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.

Previous Law

CrPC 42(3) → Section 39(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·