Criminal Procedure Code · Updated to 1 May 2023 · Chapter IV · Arrest, Escape and Retaking
24. Refusal to give name and residence
Feedback & supportWhen any person in the presence of a police officer or penghulu commits or is accused of committing a non-seizable offence and refuses on the demand of a police officer or penghulu to give his name and residence or gives a name or residence which the officer has reason to believe to be false, he may be arrested by that police officer or penghulu in order that his name or residence may be ascertained, and he shall, within twenty-four hours of the arrest, exclusive of the time necessary for the journey, be taken before the nearest Magistrate unless before that time his true name and residence are ascertained, in which case he shall be immediately released on his executing a bond for his appearance before a Magistrate if so required.
non-seizable offence
“non-seizable offence” means an offence for which and “non-seizable case” means a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule;
When any person is thus taken before a Magistrate, the
Magistrate may either require him to execute a bond, with or without a surety, for his appearance before a Magistrate if so required, or may order him to be detained in custody until he can be tried.
When any person in the presence of a police officer or penghulu commits or is accused of committing a non-seizable offence and on the demand of a police officer or penghulu to give his name and residence gives as his residence a place not within Malaysia, he may be arrested by the police officer or penghulu and shall be taken immediately either before the nearest Magistrate who may require him to execute a bond with or without a surety for his appearance before a Magistrate if so required or may order him to be detained in custody until he can be tried, or before a police officer not below the rank of Inspector who may require him to furnish a bond with or without a surety for his appearance before a Court if required.