Section 42 in The Code of Criminal Procedure, 1973

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42. 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-cognisable 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 his executing a bond, with or without sureties, to appear before a Magistrate if so required :Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

(3)Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Section 42 in The Code of Criminal Procedure, 1973

42. Arrest on refusal to give name and residence.

AI Summary

It is about the power of arrest by a private person if an offence is committed in his presence.

Short Summary

This case concerns the interpretation and application of Section 42 of the Code of Criminal Procedure (CrPC), 1973, which deals with the arrest of a person who refuses to give their name and address or gives a false name and address when asked by a police officer. The central issue revolves around the conditions under which such an arrest is lawful and the duties of the police officer making the arrest. The court clarifies the scope and limitations of the power granted under this section.

Facts

The case involves a situation where a person, suspected of having committed an offence, is asked by a police officer to provide their name and address. The person either refuses to provide this information or provides information that the officer reasonably believes to be false. The police officer then arrests the individual under the authority of Section 42 of the CrPC. The specific factual scenarios leading to the legal challenge are not detailed in the provided case content, but the case arises from the general application of this section.

Issues

The primary legal issues are:

Under what circumstances can a police officer arrest a person under Section 42 of the CrPC for refusing to provide their name and address or providing a false name and address?
What are the obligations of the police officer after arresting a person under Section 42 of the CrPC?

Petitioner's Arguments

Since the provided text is a section of the CrPC, there are no specific petitioner's arguments outlined. However, in a hypothetical challenge, a petitioner might argue that Section 42 is overly broad, violates fundamental rights, and is susceptible to misuse by police officers, leading to arbitrary arrests. They might also argue that the section lacks sufficient safeguards to protect individuals from unlawful detention.

Respondent's Arguments

Similarly, there are no respondent's arguments provided. However, the respondent (likely the State) would argue that Section 42 is a necessary provision to maintain law and order, enabling police officers to identify and investigate potential offenders. They would emphasize that the power is not absolute and is subject to limitations and procedural safeguards to prevent abuse.

Court's Reasoning

The provided text does not contain the court's reasoning. However, based on general principles of statutory interpretation and criminal law, the court would likely analyze the language of Section 42 strictly. It would emphasize that the power to arrest under this section is conditional and not automatic. The officer must have a reasonable suspicion that the person has committed an offence, and the arrest is only justified if the person refuses to provide their name and address or provides false information. The court would likely stress the importance of the officer's duty to ascertain the true identity of the arrested person and to release them if their identity is established or if the suspicion of their involvement in an offence is dispelled.

Conclusion

The provided text is a section of the CrPC and does not contain a court's conclusion. However, the interpretation of Section 42 emphasizes the conditional nature of the arrest power and the corresponding duties of the police officer to ensure that the arrest is lawful and that the arrested person's rights are protected.