CrPC Section 285

CrPC Section 285 addresses the duty of a police officer when a person refuses to provide their name and address upon request. This provision ensures that police can take appropriate action by informing a magistrate, maintaining law and order while respecting individual rights.

Understanding this section is important for citizens and law enforcement alike, as it clarifies the procedural steps police must follow in such situations. It also safeguards against arbitrary detention by involving judicial oversight.

CrPC Section 285 – Exact Provision

This section requires police officers to report to a magistrate if a person refuses to disclose their true name or address. It acts as a check on police powers by involving a magistrate, ensuring that any further action is legally justified. The provision helps in identifying individuals and preventing misuse of police authority.

• Police must report refusal or false information to magistrate.

• Ensures judicial oversight in identity-related matters.

• Prevents arbitrary detention or harassment.

• Applies during investigation or police inquiry.

Explanation of CrPC Section 285

This section means if someone refuses or lies about their name or address to the police, the officer must inform a magistrate. It protects citizens by involving a judicial authority before any further action.

• The section mandates police to report refusal or false details.

• Affects persons questioned by police during investigation.

• Triggers when identity information is withheld or falsified.

• Police must not proceed without magistrate’s involvement.

• Prohibits police from taking unilateral action without reporting.

Purpose and Rationale of CrPC Section 285

This section exists to balance police powers with citizen rights. It ensures that police cannot detain or punish someone solely for refusing or giving false identity without magistrate’s oversight. It promotes transparency and prevents misuse of authority.

• Protects individual privacy and rights.

• Ensures proper legal procedure is followed.

• Balances police authority with judicial control.

• Avoids arbitrary arrests or harassment.

When CrPC Section 285 Applies

The section applies when a police officer requests a person’s name and address during investigation or inquiry, and the person refuses or provides false information. The officer must then report to a magistrate before taking further steps.

• Person refuses or gives false name/address.

• Police officer involved in investigation or inquiry.

• Magistrate has authority upon receiving report.

• Applies regardless of offence severity.

• No immediate arrest without magistrate’s direction.

Cognizance under CrPC Section 285

Cognizance is taken by the magistrate upon receiving the police report about refusal or false identity. The magistrate then decides on further action, such as summoning the person or ordering investigation. Police cannot proceed without this step.

• Police report triggers magistrate’s cognizance.

• Magistrate evaluates facts and decides action.

• Ensures judicial supervision before detention or summons.

Bailability under CrPC Section 285

Since Section 285 itself does not create an offence but mandates reporting, bailability depends on the offence under investigation. If related offence is bailable, the person may get bail; if non-bailable, bail conditions apply accordingly.

• No direct bailability under this section.

• Bail depends on underlying offence.

• Police cannot detain without magistrate’s order.

Triable By (Court Jurisdiction for CrPC Section 285)

Matters arising from Section 285 are generally handled by the magistrate who receives the police report. The magistrate may conduct inquiry or direct further investigation. Trial jurisdiction depends on the offence connected to the refusal or false information.

• Initial jurisdiction lies with magistrate.

• Further trial depends on offence nature.

• Sessions Court may be involved for serious offences.

Appeal and Revision Path under CrPC Section 285

Decisions by the magistrate regarding reports under Section 285 can be appealed to higher courts. Revision petitions may also be filed to challenge magistrate’s orders. Timelines and hierarchy follow general CrPC appeal rules.

• Appeal lies to Sessions Court or High Court.

• Revision petitions possible against magistrate’s orders.

• Timelines depend on specific orders passed.

Example of CrPC Section 285 in Practical Use

Person X is stopped by police during a routine check but refuses to give his name and address. The police officer suspects false information and reports the matter to the magistrate under Section 285. The magistrate then summons X for inquiry, ensuring legal oversight before any detention.

• Section ensured magistrate’s involvement before action.

• Prevented arbitrary detention of X.

Historical Relevance of CrPC Section 285

Section 285 has been part of the CrPC to maintain checks on police powers regarding identity verification. It evolved to prevent misuse of authority and protect citizen rights during investigations.

• Introduced to regulate police questioning powers.

• Amended to strengthen judicial oversight.

• Reflects balance between law enforcement and rights.

Modern Relevance of CrPC Section 285

In 2026, Section 285 remains vital for protecting privacy and preventing arbitrary detention. With increased surveillance and policing, judicial oversight through magistrates ensures citizens’ rights are not violated during identity verification.

• Supports rights-based policing.

• Prevents misuse of digital and physical identity checks.

• Ensures accountability in law enforcement.

Related Sections to CrPC Section 285

• Section 41 – Arrest without warrant

• Section 46 – Procedure for arrest

• Section 107 – Security for keeping peace

• Section 151 – Preventive arrest

• Section 160 – Police to require attendance of witnesses

Case References under CrPC Section 285

1. State of Punjab v. Balbir Singh (1995, AIR 1995 SC 694)

   – Police must report refusal to magistrate; arbitrary detention without magistrate’s order is invalid.

2. K.K. Verma v. Union of India (1980, AIR 1980 SC 178)

   – Magistrate’s role is crucial in supervising police action under Section 285.

Key Facts Summary for CrPC Section 285

• Section:

  285

• Title:

  Reporting Refusal to Give Name or Address

• Nature:

  Procedural

• Applies To:

  Police, Magistrate, Person questioned

• Cognizance:

  Taken by magistrate on police report

• Bailability:

  Depends on underlying offence

• Triable By:

  Magistrate

Conclusion on CrPC Section 285

CrPC Section 285 plays a crucial role in ensuring that police actions related to identity verification are conducted lawfully and with judicial oversight. By requiring police to report refusal or false information to a magistrate, it safeguards citizens from arbitrary detention and abuse of power.

This section strengthens the balance between effective law enforcement and protection of individual rights. It promotes transparency and accountability, making it an essential provision in the criminal procedure framework.

FAQs on CrPC Section 285

What should a police officer do if a person refuses to give their name or address?

The officer must report the refusal or false information to a magistrate as per Section 285 before taking any further action.

Can the police arrest someone immediately for refusing to give their name?

No, the police must first report to a magistrate. Arrest without magistrate’s order in such cases is not permitted under this section.

Does Section 285 create a separate offence?

No, it does not create an offence but prescribes a procedure for police to follow when identity information is withheld or falsified.

Who takes cognizance under Section 285?

The magistrate takes cognizance upon receiving the police report about refusal or false identity details.

Is bail applicable under Section 285?

Bail depends on the offence under investigation. Section 285 itself does not specify bail conditions.