Section 39: Arrest on refusal to give name and residence
Section 39 deals with the powers of police officers to arrest persons who refuse to give their names and addresses while being questioned regarding a non-cognizable offense. This section is crucial in order to ensure that the law enforcing agencies can properly identify the people suspected of having committed petty crimes, thus making public order more effective and enabling investigations.
As per the provisions of this section, a police officer can arrest a person when he commits or is reasonably suspected to have committed a non-cognizable offense and declines to give his name and address, or the officer believes that the person has given false information regarding his identity. The denial or furnishing of false information obstructs the investigation and can be a cause for arrest under this section.
Once the identity of the person and his address are established, he shall be released from custody
upon executing a bond, with or without sureties, to appear before a Judicial Magistrate if so required. If the person is not a resident of India, the bond shall be secured by sureties who are residents within the territory of India.
If within twenty-four hours from arrest the police fail to identify the identity of the arrested person or the arrested person is unable to provide a suitable surety or other sureties required, the police shall present such arrested person before the nearest Magistrate having jurisdiction in the area
This section equips police officers with the authority to take decisive action when dealing with individuals who do not cooperate during inquiries related to non-cognizable offenses. It ensures that individuals involved in minor offenses are identifiable, thus allowing authorities to proceed with necessary legal actions and investigations.
Section 39 provides definite parameters under which one can be apprehended for not disclosing identity. At the same time, it provides opportunities for release by verifying identity before arresting individuals who are balanced both with the police's law objectives and protection of individual rights.
