Code:
(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.
Explain It:
Section 42 of the CrPC states that a police officer can arrest a person without a warrant if they:
- Has reason to believe that the person is committing or has committed a cognizable offence.
- Demands the person to state their name and residence.
- The person refuses to disclose their name and residence or gives a false name or residence.
This arrest is valid only if the officer has reasonable grounds to suspect the person of being involved in a cognizable offence. Cognizable offences are those that are serious enough to allow for arrest without a warrant.
Illustrate It:
Imagine a police officer sees a person acting suspiciously near a crime scene. The officer approaches the person and asks them their name and address. The person refuses to answer and walks away. The officer, suspecting the person’s involvement in the crime, can arrest them under Section 42. The officer must, however, ensure that they have reasonable grounds to suspect the person of involvement in the crime.
Common Questions and Answers:
Q: Can an officer arrest someone under Section 42 for any reason?
A: No. The officer must have a reasonable suspicion that the person has committed or is committing a cognizable offence.
Q: What happens if the person provides a false name and residence?
A: The officer can still arrest the person under Section 42. Providing a false name or residence is a sign of suspicious behavior.
Q: Does the person have the right to remain silent?
A: Yes, but only after being cautioned about the consequences of refusing to answer.
