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 S S S V Jagannadha Rao

Advocate S S S V Jagannadha Rao

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Diksha Bhaskar

Advocate Diksha Bhaskar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, Documentation, High Court, Immigration, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Supreme Court, R.T.I, Recovery, RERA, Startup, Succession Certificate, Wills Trusts, Trademark & Copyright, Revenue, Tax

Get Advice
Advocate Shivani Chettri

Advocate Shivani Chettri

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Recovery,Startup,Succession Certificate,Supreme Court,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate J K Sorout

Advocate J K Sorout

Anticipatory Bail, Banking & Finance, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Insurance, Labour & Service, Motor Accident, Property, Recovery, Succession Certificate, Wills Trusts

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
Advocate Rakesh Raj Singh

Advocate Rakesh Raj Singh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, GST, Family, High Court, Succession Certificate

Get Advice
Advocate Shivanand Soloni

Advocate Shivanand Soloni

Civil, Criminal, Cheque Bounce, Property, Recovery, Family, Insurance, Court Marriage, Revenue, Wills Trusts

Get Advice
Advocate Sanjay Upadhyay

Advocate Sanjay Upadhyay

Anticipatory Bail,Consumer Court,Criminal,High Court,Medical Negligence,Divorce,

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.