CrPC Section 42: Arrest for Refusal to Provide Name and Residence

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CrPC Section 42: Arrest for Refusal to Provide Name and Residence

1. the Code:

CrPC Section 42 deals with the arrest of an individual who refuses to disclose their name and residence when lawfully asked by a police officer.

2. 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.

3. 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.

4. 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.

Also Read  IPC Section 171: Impersonating a Public Servant by Wearing or Carrying a Token

Q: Does the person have the right to remain silent?

A: Yes, but only after being cautioned about the consequences of refusing to answer.

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