Section 54A CrPC: Identification of person arrested
Code of Criminal Procedure, 1973
Section 54A CrPC at a Glance
Section 54A CrPC deals with identification of person arrested. From 1 July 2024 it is replaced by Section 54 BNSS.
What Section 54A CrPC Says
54A. 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 Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with:
Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.
Source: Section 54A, Code of Criminal Procedure, 1973
Section 54A CrPC in Simple Words
Section 54A of the Code of Criminal Procedure, 1973 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 Judicial Magistrate, using methods that person is comfortable with, and the identification process shall be videographed.
When Section 54A CrPC Applies
- Section 54A of the Code of Criminal Procedure, 1973 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 54A CrPC, 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 first proviso to Section 54A CrPC, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with.
- Under the second proviso to Section 54A CrPC, if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.
Example of Section 54A CrPC
When Section 54A CrPC Does Not Apply
- Section 54A of the Code of Criminal Procedure, 1973 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 54A CrPC 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 54A CrPC Under BNSS 54: What Changed
Section 54A CrPC is now covered under Section 54 BNSS.
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 detailed comparison (CrPC 54A vs BNSS 54) โFAQs on Section 54A CrPC
Who can ask the Court for an identification direction under Section 54A CrPC, and when can the Court grant it?โผ
Under Section 54A of the Code of Criminal Procedure, 1973, 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 is the manner of identification decided under Section 54A CrPC?โผ
Under Section 54A of the Code of Criminal Procedure, 1973, 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 provisos to Section 54A CrPC also apply.
What special rules apply under Section 54A CrPC if the person identifying the arrested person is mentally or physically disabled?โผ
Under the provisos to Section 54A of the Code of Criminal Procedure, 1973, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial 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 videographed.
Where is Section 54A CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?โผ
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 54A CrPC is found in Section 54 BNSS, which has the same heading. The main text of Section 54A CrPC maps to the main text of Section 54 BNSS, and both provisos of Section 54A CrPC map to the single proviso of Section 54 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 20 Oct 2026 ยท