i got a 2nd hand phone and the person i got it from does not know the apple id or the password so i dont know how too activate it

If the person you got the phone from is the original owner, have them contact Apple. Apple can remove the ID  if provided the required paperwork to include the original purchase receipt with the serial number on it. 

Request additional support for unlocking your device.    -

Return it A.S.A.P. ⚠️

If the seller doesn’t know the user ID and password, it possibly could be a stolen device.

By what method to create new Apple id