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Section 42 — Arrest on refusal to give name and residence
42
42
Arrest on refusal to give name and residence
Code of Criminal Procedure, 1973
Chapter V Arrest of Persons
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
ArrestNon Cognizable OffenceIdentificationLegal Rights
🗣️ Simple Explanation
What does this law say? Section 42 of the CrPC deals with what happens if you refuse to give your name and address to a police officer. If you are accused of a minor offense (non-cognizable) and refuse to provide this information, the police can arrest you. They can arrest you to find out who you are.
Why does this law exist? This law helps the police identify people involved in minor offenses. It ensures that people can be contacted later if needed. It helps in the investigation of the offense.
Real-life impact Imagine you are caught littering and refuse to give your name. The police can arrest you to find out your identity. This law ensures accountability even for small offenses.
What happens if you break this law? If you refuse to give your name and address, the police can arrest you. They will then try to find out your real identity. If they find out your identity, you may be released on bail. If they can't find out your identity within 24 hours, you will be taken to a magistrate.
💡 Real Life Example

Amit is caught creating a public disturbance and refuses to give his name and address to the police. The police can arrest him to find out his identity. He will be released once his identity is confirmed and he agrees to appear in court.

Sneha is accused of a minor traffic violation and refuses to provide her details. The police can arrest her. She will be taken to the police station until her identity is confirmed. She will then be released on bail.

🛡️ KNOW YOUR RIGHTS
  • •Provide your name and address truthfully.
  • •Ask for a lawyer if you are arrested.
  • •Know the reason for your arrest.
  • •Be aware of your right to bail.
  • •Contact your family or friends.
❓ FREQUENTLY ASKED QUESTIONS
Section 42 of the CrPC deals with arrest if you refuse to give your name and address to the police. If you are accused of a minor offense and refuse to provide this information, the police can arrest you. The police can arrest you to find out who you are. This ensures accountability.
After the police arrest you under Section 42, they will try to find out your real identity. If they find out your identity, you may be released on bail. If they can't find out your identity within 24 hours, you will be taken to a magistrate. The magistrate will then decide what happens next.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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