(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.
Bharatiya Nagarik Suraksha Sanhita
Section 39
Arrest on refusal to give name and residence
⚡ Quick Answer Reference: Section 39 BNSS
- Provision: Section 39 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: If someone commits a minor crime and refuses to give their name and address to a police officer, the officer can arrest them to find out who they are and where they live. Once their identity and address are confirmed, they will be released on bail or a bond.
What does Section 39 of BNSS say?
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What does Section 39 of BNSS mean?
Plain English Explanation
If someone commits a minor crime and refuses to give their name and address to a police officer, the officer can arrest them to find out who they are and where they live. Once their identity and address are confirmed, they will be released on bail or a bond.
Practical Interpretation
This section allows police officers to arrest individuals who refuse to provide their name and address, but only for minor crimes. The officer must release the person once their identity and address are confirmed, usually within 24 hours.
Core Legal Purpose
The core purpose of this section is to enable police officers to identify individuals who commit minor crimes and to ensure that they can be held accountable for their actions.
- •The person must have committed or been accused of committing a non-cognizable offence.
- •The person must refuse to give their name and residence or give a false name or residence.
- •The police officer must have reason to believe that the given name or residence is false.
- •The person must not be a resident of India, in which case the bail bond must be secured by a surety or sureties resident in India.
Practical Example of Section 39 BNSS
Rajesh, a tourist, is accused of littering in a public place, a non-cognizable offence. When a police officer asks for his name and address, Rajesh refuses to provide them. The officer arrests Rajesh to find out who he is and where he lives. After confirming Rajesh's identity and address, the officer releases him on bail, as required by Section 39 of BNSS.
Frequently Asked Questions about Section 39 BNSS
Q: What is the punishment or consequence under Section 39 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of arrest and release on bail or bond are outlined in the section.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who commit non-cognizable offences and refuse to provide their name and residence to a police officer.
Q: Is an offence under this section bailable or cognizable?
The offence under this section is non-cognizable, meaning that police officers cannot arrest individuals without a warrant, unless the person refuses to provide their name and residence.
Common Questions about Section 39 BNSS
What is Section 39 of BNSS?
Section 39 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest on refusal to give name and residence". In plain terms: If someone commits a minor crime and refuses to give their name and address to a police officer, the officer can arrest them to find out who they are and where they live. Once their identity and address are confirmed, they will be released on bail or a bond.
What is the punishment under Section 39 of BNSS?
Section 39 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 39 of BNSS bailable or non-bailable?
Whether Section 39 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 39 of BNSS?
The essential elements of Section 39 of BNSS are: The person must have committed or been accused of committing a non-cognizable offence.; The person must refuse to give their name and residence or give a false name or residence.; The police officer must have reason to believe that the given name or residence is false..
Landmark Judgments under Section 39 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 39
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