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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 39, BNSS: Arrest on refusal to give name and residence

Pundora · Published 3 October 2026

Section 39 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.

What it replaces

BNSS provisionCrPC provisionRelation
Section 39Section 42corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.

The section

39. Arrest on refusal to give name and residence.

(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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 39 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.