BNSS Code 54: Identification Of Person Arrested
Code
Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:
Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means.
Explanation: on Identification Of Person Arrested
This code allows a Court to order an arrested person to participate in an identification procedure if it is deemed necessary for the investigation. This could involve being identified by witnesses, victims, or other individuals involved in the case.
The Court has the authority to decide how the identification process should be conducted. It must ensure fairness and avoid any potential for coercion or undue influence.
In situations where the identifying person is mentally or physically disabled, the process must be overseen by a Magistrate who will make accommodations to ensure that the identification is conducted in a manner that respects the individual’s needs and abilities. This includes employing methods that the individual is comfortable with and recording the process using audio-video means.
Illustration
Imagine a robbery case. The police have arrested a suspect, and they believe a witness can identify him. The police would request the Court to order the suspect to undergo an identification procedure where the witness would be able to view the suspect, potentially in a lineup, to determine if they recognize the suspect as the perpetrator.
Common Questions and Answers: on Identification Of Person Arrested
Q: What happens if the person arrested refuses to participate in the identification procedure?
A: Refusal to participate could be considered obstruction of justice and may have legal consequences. The Court may use its discretion to compel the individual to participate.
Q: Can the identification procedure include using a photo or other visual aids?
A: Yes, the Court can determine the appropriate method of identification, including using photos or other visual aids if it deems it necessary and fair.
Q: What happens if the identifying person cannot provide a positive identification?
A: This would be a factor considered during the investigation. It does not necessarily mean the accused is innocent, but it may weaken the prosecution’s case.
