Section 54 BNSS: Identification of person arrested

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 54 BNSS at a Glance

Section 54 BNSS deals with identification of person arrested. It replaced Section 54A CrPC on 1 July 2024.

Was CrPC

Section 54A →

Section 54 BNSS Bare Act Text

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 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.

Source: Section 54, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 54 BNSS in Simple Words

Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the identification of a person arrested.

Where a person is arrested on a charge of committing an offence and the identification of the person arrested 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.

If the person identifying the person arrested is mentally or physically disabled, the process of identification shall take place under the supervision of a Magistrate, using methods that person is comfortable with, and the identification process shall be recorded by any audio-video electronic means.

When Section 54 BNSS Applies

  • Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence, whose identification by any other person or persons is considered necessary for the purpose of investigation of such offence.
  • Under Section 54 BNSS, 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.
  • Under the proviso to Section 54 BNSS, 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.
  • Under the same proviso to Section 54 BNSS, in that case the identification process shall be recorded by any audio-video electronic means.

Example of Section 54 BNSS

Arjun is arrested on a charge of committing an offence, and identification of Arjun by Kavita, who is physically disabled, is considered necessary for the purpose of investigation of such offence. On the request of the officer in charge of the police station, the Court having jurisdiction may direct Arjun to subject himself to identification by Kavita under Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023. As Kavita is physically disabled, the identification shall take place under the supervision of a Magistrate, who shall take appropriate steps to ensure that Kavita identifies Arjun using methods Kavita is comfortable with, and the identification process shall be recorded by any audio-video electronic means.

When Section 54 BNSS Does Not Apply

  • Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence. It does not deal with the identification of a person who has not been arrested.
  • Section 54 BNSS speaks of identification considered necessary for the purpose of investigation of such offence. It does not deal with identification that is not considered necessary for the purpose of investigation.

Section 54 BNSS in the CrPC (Previous Law)

Section 54 BNSS replaces Section 54A CrPC from the old criminal code.

Section 54A of the Code of Criminal Procedure, 1973 became Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading and the same main text. Where the person identifying the person arrested is mentally or physically disabled, Section 54 BNSS reads under the supervision of a Magistrate where Section 54A CrPC read under the supervision of a Judicial Magistrate, and reads shall be recorded by any audio-video electronic means where Section 54A CrPC read shall be videographed. Section 54 BNSS puts both points in one proviso, where Section 54A CrPC had a proviso and a further proviso.

View CrPC Section 54A →

FAQs on Section 54 BNSS

Who may apply for an order directing the identification of an arrested person under Section 54 BNSS?▼

Under Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. The person must be arrested on a charge of committing an offence, and the identification by any other person or persons must be considered necessary for the purpose of investigation of such offence.

How does the Court decide the manner of identification under Section 54 BNSS?▼

Under Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit. Where the person identifying the person arrested is mentally or physically disabled, the proviso to Section 54 BNSS also applies.

What safeguards apply under Section 54 BNSS when the person identifying the arrested person is mentally or physically disabled?▼

Under the proviso to Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

What changed from Section 54A CrPC to Section 54 BNSS from 1 July 2024?▼

From 1 July 2024, Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 54A of the Code of Criminal Procedure, 1973, with the same heading and the same main text. The proviso of Section 54 BNSS reads under the supervision of a Magistrate where Section 54A CrPC read under the supervision of a Judicial Magistrate. It reads shall be recorded by any audio-video electronic means where Section 54A CrPC read shall be videographed. Section 54 BNSS has one proviso joining both points with and, where Section 54A CrPC had a proviso and a further proviso.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·