CI threaten me with CrPc 42
4 years ago
My dad's mother put complaint for maintenance on my dad and his brothers in police station. The Circle inspector Police sent conistable asked to come police station but my dad out of town. I (age 25) went to police station and informed him that dad is out of town. But CI threaten me as he can register Crpc 42. I came to know that CI took bribe from dad's mother to suffer us by putting cases on us. One thing I should tell you, from last ten years, dad's mother and her younger son attempted murder, and 2 times he break the lock of my house and theft gold and money by taking local police support. Then we met superintendent of police to take further move on this case. So please help me
Rameshwar Dadhe
Responded 4 years ago
Section 42 in The Code Of Criminal Procedure, 1973
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- 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 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.
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