Section 42(1) in The Code of Criminal Procedure, 1973
(1)When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognisable 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.