Section 54 – Arrest on Refusal to Give Name and Residence – BNSS 2023

Allows arrest when identity is concealed to ensure proper identification and legal process.

Introduction

Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides that a police officer may arrest a person who refuses to disclose their name or residence, or gives false information, when such details are necessary for legal proceedings.

This provision ensures that individuals cannot evade legal accountability by concealing their identity and supports the effective functioning of the criminal justice system.

Objective of the Provision

The objectives of Section 54 BNSS are

• To ensure proper identification of accused persons
• To prevent individuals from evading legal process
• To facilitate investigation and prosecution
• To maintain order and accountability in minor offences

This provision is particularly relevant in cases involving non-cognizable or minor offences.

Meaning / Concept

Refusal to Give Name and Residence

This refers to a situation where a person

• Declines to disclose their identity when required by law, or
• Provides false name or address to mislead authorities

Necessity of Identity

Accurate identification is essential for

• Issuing summons or notices
• Ensuring presence before court
• Conducting proper investigation

The concept ensures that legal proceedings are not obstructed.

Detailed Explanation of the Section

Section 54 BNSS provides that

• When a person commits or is accused of committing a non-cognizable offence in the presence of a police officer and
• The person refuses to give their name or residence, or gives false details

The police officer may arrest such person to ascertain their identity

Further provisions include

• If the true name and residence are ascertained, the person may be released on executing a bond
• If identity cannot be established within a reasonable time, the person may be produced before a Magistrate
• The Magistrate may order further detention or release based on circumstances

The arrest under this section is temporary and for identification purposes only.

Procedure or Legal Framework

The procedure under Section 54 BNSS involves

• Commission of a non-cognizable offence in presence of police
• Demand by police officer for name and residence
• Refusal or provision of false information
• Arrest of the person for identification
• Verification of identity
• Release on bond if identity is confirmed
• Production before Magistrate if identity remains unknown

The provision ensures minimal detention and quick resolution.

Judicial Interpretation

Though Section 54 BNSS is newly enacted, similar principles under earlier law have been interpreted by courts

In State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335), the Supreme Court emphasized that police powers must not be exercised arbitrarily and must be based on lawful justification

In Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260, the Court held that arrest must be necessary and justified, not routine

In D.K. Basu v. State of West Bengal (1997) 1 SCC 416, the Court stressed procedural safeguards and accountability in arrest

In Maneka Gandhi v. Union of India (1978) 1 SCC 248, the Court held that any restriction on personal liberty must be fair, just, and reasonable

These principles apply to arrests under Section 54 BNSS, ensuring that even identity-based arrests are not misused

Importance of the Provision

Section 54 BNSS is important because

• It prevents evasion of legal responsibility
• It ensures effective administration of justice
• It supports investigation in minor offences
• It balances state interest with individual liberty

The provision ensures that identity cannot be used as a shield against law.

Connection with Other Sections

This provision is connected with

• Section 53 BNSS – Arrest without warrant
• Section 50 BNSS – Grounds of arrest and right to bail
• Section 51 BNSS – Informing about arrest
• Provisions relating to production before Magistrate

Corresponding Provision under Old Law

Section 54 BNSS corresponds to Section 42 of the Code of Criminal Procedure, 1973 (CrPC), which dealt with arrest on refusal to give name and residence.

Illustrative Example

A person commits a minor offence such as public nuisance in the presence of a police officer. When asked for their name and address, the person refuses to provide the information. The police officer may arrest the person under Section 54 BNSS to verify their identity

Once the correct identity is established, the person may be released on bond

Conclusion

Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that individuals cannot avoid legal accountability by concealing their identity. It provides a limited and controlled power of arrest for identification purposes, balancing the needs of law enforcement with the protection of personal liberty. Judicial principles further ensure that such powers are exercised fairly and reasonably.