Section 54 : Identification of person arrested
Section 54 provides the legal provision for identification of persons detained under arrest on a charge of having committed an offence. The section highlights identification as an important part of the criminal investigation process but ensures that the rights of the individual, especially the disabled person, are protected at every stage.
In instances where identification is required for the purpose of investigation, the court may direct the arrested person to be identified by others. This application is usually made by the officer in charge of the police station.
The discretion to determine the mode of identification rests with the court, which can thus exercise its discretion to adopt the most suitable course depending on the facts of the case.
The procedure should be conducted under the supervision of a Judicial Magistrate, if the person
identifying is mentally or physically disabled. In that case, the Magistrate must see that the process is undertaken by suitable methods with the utmost care for the comfort and dignity of the individual concerned.
Legal transparency and integrity demand that the entire procedure for identification shall be recorded using audio-visual means.
The presence of a Judicial Magistrate is a check to prevent any misuse during the identification process. This supervision ensures that the legal standards are met and the rights of the individual are protected.
This would mean that the identification process has to be recorded electronically for accountability purposes. The recordings will act as evidence in future court cases, making the investigative process transparent and of integrity.
