Can a person who refuses to give his name and details of residence be arrested?
Section 42 of the Code of Criminal Procedure, 1973 provides for arrest of persons if he refuses to disclose his identity if he suspected to be one of the offenders.
This Section gives power to a Police Officer to arrest without warrant when any person in the presence of such Police Officer commits or is accused of committing non-cognizable offence and refuses on demand by a Police Officer to give his name and address, or gives a name or residence which such officer has reason to believe to be false.
Such person may be arrested without a warrant in order that his name or address may be ascertained.
The offence of being drunk and disorderly is not a cognizable offence, and a Police Officer cannot arrest the alleged offender without a warrant.
He can arrest him only if he refuses to give his name or residence, or gives a false name or address.
If his name or address is known to the Police Officer, the law does not empower him to arrest such person without a warrant.
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 has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. [S. 42 (1)]
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. [S. 42 (2)]
If such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
Where 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. [S. 42 (3)]