Code: Section 54 BNSS
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.
Key Highlights of Section 54 BNSS
1. Court-Ordered Identification
- The Court can order an identification parade if it is necessary for the case.
- The request must come from the officer in charge of a police station.
2. Special Protection for Disabled Witnesses
- If the witness is physically or mentally disabled, the Magistrate must supervise the process.
- Identification must be done in a manner comfortable for the disabled witness.
- The entire process must be recorded electronically (audio-video recording).
Illustration of Section 54 BNSS
Example 1: Identification Parade Ordered by Court
Case: A suspect is arrested for robbery, but the police need a witness to identify him. The investigating officer requests the Court to conduct an identification parade.
✅ Legal Procedure Followed – The Court orders the identification under proper rules.
Example 2: Identification by a Visually Impaired Witness
Case: A blind witness needs to identify a suspect. The Court directs that the identification take place under a Magistrate’s supervision.
✅ The witness identifies the suspect using voice recognition, and the process is video recorded.
Common Questions and Answers on Section 54 BNSS
1. Who can request an identification parade?
✅ The police officer in charge of the investigation.
2. Can an accused refuse to participate in an identification parade?
❌ No. The Court can order the accused to undergo identification.
3. What happens if the witness is disabled?
✅ The identification must be:
- Supervised by a Magistrate
- Done in a way that suits the witness
- Recorded electronically (audio-video means)
4. Why is an audio-video recording required?
✅ To ensure transparency and prevent manipulation of the identification process.
5. Is identification evidence sufficient for conviction?
❌ No. Identification alone does not guarantee conviction—it must be supported by other evidence.
Conclusion
Section 54 BNSS ensures:
✅ Fair identification process for accused persons
✅ Special safeguards for disabled witnesses
✅ Use of modern technology (audio-video recording) for accuracy
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