law: Code of Criminal Procedure Act, 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 .
  (4) (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.