Section 42 CrPC: Arrest on refusal to give name and residence

Code of Criminal Procedure, 1973

Section 42 CrPC at a Glance

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

Now BNSS

Section 39 →

What Section 42 CrPC Says

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.

Source: Section 42, Code of Criminal Procedure, 1973

Section 42 CrPC in Simple Words

Section 42 of the Code of Criminal Procedure, 1973 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 executing a bond, with or without sureties, 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 furnish sufficient sureties, the person shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

When Section 42 CrPC Applies

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.
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.
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.
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.
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.

Time Limits Under Section 42 CrPC

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”

Example of Section 42 CrPC

Ramesh is accused of committing a non-cognizable offence in the presence of Priya, a police officer. Priya demands the name and residence of Ramesh, and Ramesh refuses to give them. Under Section 42(1) of the Code of Criminal Procedure, 1973, Priya may arrest Ramesh in order that the name or residence of Ramesh may be ascertained. Within twenty-four hours from the time of arrest, the true name and residence of Ramesh are ascertained, and Ramesh is resident in India. Under Section 42(2) CrPC, Ramesh shall be released on executing a bond, with or without sureties, to appear before a Magistrate if so required.

When Section 42 CrPC Does Not Apply

Section 42(1) of the Code of Criminal Procedure, 1973 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 42 CrPC Under BNSS 39: What Changed

Section 42 CrPC is now covered under Section 39 BNSS.

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.

View detailed comparison (CrPC 42 vs BNSS 39) →

FAQs on Section 42 CrPC

When may a police officer arrest a person for a non-cognizable offence under Section 42 CrPC?▼

Under Section 42(1) of the Code of Criminal Procedure, 1973, 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.

What happens once the true name and residence of the arrested person are ascertained under Section 42 CrPC?▼

Under Section 42(2) of the Code of Criminal Procedure, 1973, 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. 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.

When must a person arrested under Section 42 CrPC be forwarded to a Magistrate?▼

Under Section 42(3) of the Code of Criminal Procedure, 1973, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction 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.

Where is Section 42 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 42 CrPC is found in Section 39 BNSS, which has the same heading. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·