CrPC Section 54A: Identification of Arrested Person – Code of Criminal Procedure

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CrPC Section 54A: Identification of Arrested Person

This section of the Code of Criminal Procedure (CrPC) deals with the identification of an arrested person.

1. Code:

CrPC Section 54A

2. Explanation:

Section 54A of the CrPC mandates that when a person is arrested, the police must take steps to identify them. This identification process is crucial to ensure the correct person is being held and to prevent wrongful arrest.

The process involves:

  • Recording the arrested person’s details: This includes their name, address, age, occupation, and any distinguishing features.
  • Arranging for identification parade: This is done in cases where the witness needs to identify the accused. An identification parade involves presenting the accused along with other people of similar appearance to the witness, who then attempts to identify the accused.
  • Taking photographs and fingerprints: This is done for record-keeping and future identification purposes.

The police are required to record the details of the identification process in a register.

3. Illustration:

Imagine a situation where a person is arrested for theft. The police, following Section 54A, will take the following steps:

  • Record the arrested person’s details like their name, address, etc.
  • Arrange for an identification parade, if necessary, to have the witness confirm the identity of the accused.
  • Take photographs and fingerprints of the arrested person for record-keeping.

4. Common Questions and Answers:

Q: What happens if the police fail to follow Section 54A?

A: This can be used as a ground to challenge the validity of the arrest in a court of law. The court may consider the failure to follow Section 54A as evidence of a violation of the arrested person’s rights.

Also Read  Section 473 CrPC: Extension of Limitation Period in Criminal Cases

Q: Who can request an identification parade?

A: Both the accused and the prosecution can request an identification parade.

Q: Is an identification parade mandatory in all cases?

A: No, an identification parade is only required if there is a need for the witness to identify the accused. It’s not mandatory in every arrest scenario.

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