Section 54 BNSS 2023: Identification of Person Arrested
Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court having jurisdiction to direct an arrested person to submit to identification where identification by another person is considered necessary for investigation. The direction is made on the request of the officer in charge of a police station and the Court may determine the manner of identification. Special safeguards apply where the identifying person is mentally or physically disabled.
What is Section 54 BNSS?
Section 54 provides a statutory procedure for identification of a person who has already been arrested on a charge of committing an offence. The provision is investigation-oriented: identification must be considered necessary for the purpose of investigating that offence.
Key legal terms under Section 54
Person arrested: A person who has been arrested on a charge of committing an offence and whose identification is considered necessary for investigation.
Identification: The process by which another person or persons are asked to identify the arrested person for an investigative purpose. Section 54 leaves the manner of identification to the Court's direction.
Court having jurisdiction: The competent Court with jurisdiction to entertain and decide the request made under Section 54.
Officer in charge of a police station: The police officer who is legally in charge of the police station and who may request the Court to direct identification under this section.
Magistrate supervision: A mandatory safeguard under the proviso when the person making the identification is mentally or physically disabled.
Audio-video electronic means: Electronic recording by audio and video. Under the proviso, the identification process involving a mentally or physically disabled identifying person must be recorded by such means.
Text of Section 54 - Identification of person arrested
54. 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.
When can identification be ordered?
Section 54 applies only after a person has been arrested on a charge of committing an offence. In addition, identification by another person or persons must be considered necessary for the purpose of investigation of that offence.
Who can request an identification direction?
The statutory request must come from the officer in charge of a police station. The Court having jurisdiction then decides whether to direct the arrested person to submit to identification.
Role of the Court
The Court is not limited to merely approving or rejecting the request. Section 54 expressly allows it to direct identification "in such manner as the Court may deem fit." This places the manner of the identification exercise under judicial control.
Identification by one or more persons
The statutory language allows identification by "any other person or persons." Accordingly, the investigative need may concern one identifying person or more than one, subject to the direction made by the Court having jurisdiction.
Safeguards for mentally or physically disabled identifying persons
The proviso creates special mandatory safeguards when the person identifying the arrested person is mentally or physically disabled. The identification must take place under the supervision of a Magistrate, who must take appropriate steps to enable the person to identify the arrested person using methods with which that person is comfortable.
Mandatory audio-video recording
Where the proviso applies, the identification process must be recorded by audio-video electronic means. This requirement forms part of the statutory safeguards governing identification by a mentally or physically disabled person.
Section 54 and investigation
Section 54 does not itself create a power of arrest. It operates after arrest and only where identification is considered necessary for investigation of the offence for which the person has been arrested. The Court's direction therefore supplements the investigation while preserving judicial oversight of the identification process.
Relationship with nearby arrest provisions
Section 54 sits within Chapter V of the BNSS dealing with arrest of persons. It follows Section 53 BNSS, concerning medical examination of an arrested person, and precedes Section 55 BNSS, which deals with the procedure when a police officer deputes a subordinate to make an arrest without warrant.
Section 54 BNSS at a glance
- The person must already have been arrested on a charge of committing an offence.
- Identification must be considered necessary for investigation of that offence.
- The request is made by the officer in charge of a police station.
- The direction is issued by the Court having jurisdiction.
- The Court may determine the manner in which identification is to take place.
- Identification may be by one person or by more than one person.
- If the identifying person is mentally or physically disabled, Magistrate supervision is mandatory.
- The Magistrate must facilitate a method with which the disabled identifying person is comfortable.
- The identification process in such a case must be recorded by audio-video electronic means.
Official legal resources
This page provides general legal information. The legality and evidentiary value of an identification exercise in an individual case depend on compliance with Section 54, applicable constitutional safeguards, other provisions of the BNSS and binding judicial decisions.