No person who has caused non-Cognizable Offence be arrested without an order of the concerned Magistrate, however, if the person fails to provide personal details upon on an inquiry made by the Police Officer under Section 42 of Cr.P.C. then this provision allows him to arrest.
The Police Officer who arrest the person must put it in writing the reasons for the arrest. Even in that case the arrest was not carried out by the Officer, he must specify the reason for not doing so.
When a person is said to have commissioned a non-Cognizable Offence in the presence of the Police Officer and upon inquiry the Offender refuses to share his personal details like his name, residence address and such similar things [even] if he gave but found to be false then the Officer can arrest such person so to secure the required details in his custody.
After securing correct details of the person the Officer must release him on a bond with or without sureties with an instruction to him to appear before the concerned Magistrate if required to be. Provided the arrested person is a foreigner, the Officer must take resident Indian sureties.
Provided the Officer failed to get sufficient details from the person within 24 hours of his arrest or received no bond or required sureties then he must be produced before the nearest Magistrate.