Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 5 : Arrest

41. Name and address of certain persons and power of arrest by peace officer without warrant
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(1)A peace officer may call upon any person—
(a)whom he has power to arrest;
(b)who is reasonably suspected of having committed or of having attempted to commit an offence;
(c)who, in the opinion of the peace officer, may be able to give evidence in regard to the commission or suspected commission of any offence,

to furnish such peace officer with his full name and address, and if such person fails to furnish his full name and address, the peace officer may forthwith and without warrant arrest him, or, if such person furnishes to the peace officer a name or address which the peace officer reasonably suspects to be false, the peace officer may arrest him without warrant and detain him for a period not exceeding twelve hours until such name or address has been verified.

 

(2)Any person who, when called upon under the provisions of subsection (1) to furnish his name and address, fails to do so or furnishes a false or incorrect name and address, shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.

[Section 41(2) substituted by section 3 of Act No. 33 of 1986]