CrPC Section 42
Section 42 of the Criminal Procedure Code (CrPC), 1973 – Arrest on Refusal to Give Name and Residence
Overview:
Section 42 of the CrPC provides the legal framework for a police officer to arrest a person without a warrant if the person refuses to give their name and residence when lawfully asked under specific circumstances. This section ensures that police can verify the identity of individuals suspected of minor offences or involved in suspicious behavior.
Text of Section 42 (Simplified):
If a person has committed or is suspected of committing a non-cognizable offence and is asked by a police officer to give their name and residence, and they:
Refuse to give, or
Give a false name or residence,
then the police officer may arrest that person to ascertain their identity.
Once the true identity is ascertained:
The person shall be released on furnishing a bond or surety to appear before a magistrate if required.
If identity cannot be established within 24 hours, the person must be presented before the nearest Magistrate.
Detailed Explanation:
Purpose of the Section:
To empower the police to take action against individuals who commit non-cognizable offences (less serious offences) and then refuse to disclose their identity.
It ensures that the law enforcement process is not obstructed by anonymity or false identity.
When Can Police Act Under Section 42?
The person must be accused or suspected of committing a non-cognizable offence.
They refuse to provide their true name or residence, or provide false information.
A non-cognizable offence is one where the police cannot arrest without a Magistrate’s permission unless Section 42 applies.
Powers Granted to Police:
The police officer may arrest the person without a warrant for the limited purpose of verifying identity.
After arrest, the police must make reasonable efforts to confirm identity quickly.
Duties of Police After Arrest:
If the person’s true identity is found and verified, they must be released on a bond or bail.
If not, and 24 hours have passed, the person must be produced before a Magistrate under Section 57 of CrPC.
Safeguards and Limitations:
This power is only applicable in non-cognizable cases, not for serious crimes (which fall under cognizable offences).
The arrest is not for punishment, but for the purpose of ascertaining identity.
Abuse of this power by police is subject to judicial review and oversight.
Practical Implications:
This section is helpful in dealing with offenders who may try to evade the law by hiding their identity.
Commonly used in situations like public nuisance, minor altercations, violations of municipal rules, etc.
Summary:
Section 42 of the CrPC allows a police officer to arrest a person without a warrant if they have committed a non-cognizable offence and refuse to give or give false information about their name and residence. Once identity is verified, the person is to be released on bond; otherwise, they must be produced before a Magistrate within 24 hours.
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