Arrest on refusal to give name and residence
Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest on refusal to give name and residence. 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 hasreason to believe to be false, he may be arrested by The Act came into force on 01 Jul 2024.
(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 hasreason 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.
Section 39, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 42 Arrest on refusal to give name and residence Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Om Prakash vs Union of India
Decided under Code of Criminal Procedure 42, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Offences under the Central Excise Act, 1944, and offences under Section 135 of the Customs Act, 1962, are non-cognizable in the sense that police officers cannot arrest without warrant and cannot investigate without Magistrate's order under Section 155 Cr.P.C. However, such offences are also bailable, because (1) they relate to recovery of revenue rather than punishment for grave crimes, (2) Sections 20 and 104(3) mandatorily empower officers to release arrested persons on bail, (3) the legislative scheme indicates intent that such offences should be bailable, and (4) the deeming language in Sections 9A and 104(4) making offences non-cognizable does not negate bailability. Non-cognizable and bailable are separate characteristics, and a statute can make offences both non-cognizable (restricting arrest authority) and bailable (entitling accused to bail).
On this section: Provides exception allowing arrest in non-cognizable cases in specific circumstances. Court references this in discussing police powers in non-cognizable cases.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 39
What have the courts held on Section 39 of the Bharatiya Nagarik Suraksha Sanhita?
Om Prakash vs Union of India (30 Sep 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 42, which this section replaced -- the court never mentioned this Act: Provides exception allowing arrest in non-cognizable cases in specific circumstances. Court references this in discussing police powers in non-cognizable cases.
How do I find court cases under Section 39 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 39, section 39 BNSS, section 39 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Om Prakash vs Union of India (30 Sep 2011).
What should I read with Section 39 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 42 (Arrest on refusal to give name and residence), so the judgments decided under that provision are the case law on this one.
When did Section 39 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 39 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 39, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.