39. (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 has reason 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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 31 Public when to assist Magistrates and police
Section 32 Aid to person, other than police officer, executing warrant
Section 33 Public to give information of certain offences
Section 34 Duty of officers employed in connection with affairs of a village to make certain report
Section 35 When police may arrest without warrant
Section 36 Procedure of arrest and duties of officer making arrest
Section 37 Designated police officer
Section 38 Right of arrested person to meet an advocate of his choice during interrogation
Section 39 Arrest on refusal to give name and residence
Section 40 Arrest by private person and procedure on such arrest