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.
Bharatiya Nagarik Suraksha Sanhita
Section 54
Identification of person arrested
⚡ Quick Answer Reference: Section 54 BNSS
- Provision: Section 54 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section allows a court to order a person arrested to be identified by another person, in a manner decided by the court, for investigation purposes.
What does Section 54 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 54 of BNSS mean?
Plain English Explanation
This section allows a court to order a person arrested to be identified by another person, in a manner decided by the court, for investigation purposes.
Practical Interpretation
In practice, this section enables the police to request a court order for identification of an arrested person by a witness or victim, ensuring a fair investigation process.
Core Legal Purpose
The core purpose is to facilitate the investigation of offences by allowing for the identification of arrested persons, while ensuring the process is fair and considerate of disabilities.
- •A person must be arrested on a charge of committing an offence.
- •The identification by another person is necessary for the investigation.
- •The court must deem the identification process fit and appropriate.
- •If the identifier is disabled, the process must be supervised by a Magistrate.
Practical Example of Section 54 BNSS
Rajesh is arrested for allegedly stealing from Priya's shop. The police request the court to order Rajesh to be identified by Priya, who is willing to identify him. The court orders the identification to take place, ensuring it is conducted fairly and respectfully. If Priya were disabled, a Magistrate would supervise the process to ensure her comfort and accuracy.
Frequently Asked Questions about Section 54 BNSS
Q: What is the punishment or consequence under Section 54 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of investigation and identification in criminal cases, involving both private individuals and public entities, specifically in the context of arrests and police investigations.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, but rather a procedural aspect of investigation, thus it does not classify an offence as bailable or cognizable.
Common Questions about Section 54 BNSS
What is Section 54 of BNSS?
Section 54 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Identification of person arrested". In plain terms: This section allows a court to order a person arrested to be identified by another person, in a manner decided by the court, for investigation purposes.
What is the punishment under Section 54 of BNSS?
Section 54 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 54 of BNSS bailable or non-bailable?
Whether Section 54 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 54 of BNSS?
The essential elements of Section 54 of BNSS are: A person must be arrested on a charge of committing an offence.; The identification by another person is necessary for the investigation.; The court must deem the identification process fit and appropriate..
Landmark Judgments under Section 54 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 54
Ask Nyaya AI About Section 54
Select a pre-configured prompt to run this section through the grounded research engine.