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The Bharatiya Nagarik Suraksha Sanhita, 2023
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 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.
1. If you are involved in a minor crime and refuse to tell a police officer your name and address, or you give a false name and address, the officer can arrest you. This is so they can find out who you are.
2. Once the police find out your real name and address, they must let you go. You may have to promise to go to court if asked. If you do not live in India, someone who does live in India must promise to make sure you go to court if needed.
3. If the police cannot find out your real name and address within 24 hours, or if you refuse to promise to go to court, you will be taken to a nearby judge.