Law4u - Made in India

What Is BNSS Section 54?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 54: Identification of Person Arrested

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 Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with.
  • The identification process shall be recorded by any audio-video electronic means.

Brief Detail

The Bharatiya Nagarik Suraksha Sanhita, 2023, Section 54 outlines the procedures for identifying a person who has been arrested for an alleged offence. It emphasizes the necessity of identification for investigative purposes and stipulates that the Court can direct this process upon request from law enforcement. Special provisions are made for individuals who are mentally or physically disabled, ensuring their comfort and protection during the identification process, which must be recorded electronically.

Question & Answers

Q: What is the purpose of Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

A: It provides guidelines for the identification of a person arrested on a charge of committing an offence for investigative purposes.

Q: Who can request the identification process?

A: The officer in charge of a police station can request the identification process from the Court.

Q: What happens if the person identifying the arrested individual is disabled?

A: The identification must take place under the supervision of a Judicial Magistrate, ensuring that the disabled person is comfortable with the identification methods used.

Q: How must the identification process be documented?

A: The identification process must be recorded by any audio-video electronic means.

Example

  • A suspect arrested for theft may be required to undergo an identification parade, where witnesses can confirm or deny their identity.
  • If a witness is hearing impaired, a Judicial Magistrate ensures that the identification process accommodates their needs, possibly using sign language.
  • The entire identification procedure is captured on video to ensure transparency and accountability.

Summary

Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the framework for the identification of arrested individuals, focusing on investigative needs while prioritizing the rights and comfort of disabled persons. The process is regulated by the Court and must be recorded for legal integrity.

Our Verified Advocates

Get expert legal advice instantly.

Advocate M Durga Prasad

Advocate M Durga Prasad

Arbitration,Cheque Bounce,Civil,Criminal,High Court,

Get Advice
Advocate Azharuddin Khandakar

Advocate Azharuddin Khandakar

Tax, Trademark & Copyright, High Court, Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, GST, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, RERA, Supreme Court

Get Advice
Advocate Ashutosh Kumar

Advocate Ashutosh Kumar

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law

Get Advice
Advocate Nimish Garg

Advocate Nimish Garg

Arbitration, Banking & Finance, Civil, Corporate, Documentation, GST, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Property, Recovery, Tax, Revenue

Get Advice
Advocate Jyoti Kumari Mishra

Advocate Jyoti Kumari Mishra

Anticipatory Bail, Arbitration, Divorce, Criminal, Domestic Violence, Family

Get Advice
Advocate Mohamed Dhurabudeen

Advocate Mohamed Dhurabudeen

Breach of Contract, Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Immigration, International Law, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, Revenue, Wills Trusts, Succession Certificate

Get Advice
Advocate K Satya Murthy

Advocate K Satya Murthy

Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Documentation, Family, High Court, Media and Entertainment, Recovery, RERA, Succession Certificate, Criminal, Divorce, Domestic Violence, Property

Get Advice
Advocate Ashok Vishnoi

Advocate Ashok Vishnoi

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Family, High Court

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.