Criminal procedure in India | Updated October 2026
Section 54A CrPC and Section 54 BNSS: Identification of Arrested Person
Identification of an arrested person may be required during investigation when a witness or another person needs to identify the suspect. Section 54A of the Code of Criminal Procedure, 1973 (CrPC) provided the earlier procedure. Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now governs the corresponding procedure, subject to applicable transitional provisions.
What does Section 54 BNSS provide?
Where a person has been arrested on a charge of committing an offence, and identification by another person is considered necessary for investigating that offence, the court having jurisdiction may, at the request of the officer in charge of a police station, direct the arrested person to submit to identification. The court may determine the appropriate manner of identification.
If the identifying person has a mental or physical disability, the identification must be supervised by a Magistrate. The Magistrate must take appropriate steps to use identification methods comfortable for that person, and the process must be recorded through audio-video electronic means.
Essential legal requirements
- Arrest and investigation: The provision applies to an arrested person whose identification is needed in connection with the investigation of an alleged offence.
- Police request: The officer in charge of the police station requests the competent court to order identification.
- Court direction: The court with jurisdiction decides whether to direct participation and determines the manner of identification.
- Accessible identification: Special arrangements are mandatory when the identifying person has a mental or physical disability, including Magistrate supervision and audio-video recording under BNSS Section 54.
Meaning of important legal terms
- Identification of an arrested person
- A procedure in which a witness or another identifying person attempts to recognise the arrested person as someone connected with the incident under investigation.
- Test identification parade (TIP)
- An investigative identification exercise ordinarily arranged to test a witness's ability to identify a suspect without improper suggestion. The evidentiary weight of an identification depends on the circumstances and applicable evidence law.
- Court having jurisdiction
- The court legally empowered to deal with the matter and issue the relevant identification direction.
- Audio-video electronic means
- Electronic recording that captures both sound and images of the identification process, as required by the disability-related proviso to Section 54 BNSS.
Earlier provision: Section 54A CrPC, 1973
Section 54A CrPC authorised a competent court, on a request from the officer in charge of a police station, to direct an arrested person to submit to identification where necessary for investigation. Its safeguards required identification by a person with a mental or physical disability to occur under the supervision of a Judicial Magistrate using comfortable methods, and required videography of that identification.
Section 54A was inserted by Section 11 of Act 25 of 2005 with effect from 23 June 2006. The disability-related provisos were inserted by Section 12 of Act 13 of 2013 with effect from 3 February 2013.
Uttar Pradesh state amendment under the former CrPC
The earlier webpage also records a Uttar Pradesh amendment, Uttar Pradesh Act 1 of 1984, Section 8, providing for test identification of an accused by an Executive Magistrate acting at the instance of a court. This historical state amendment predates the central insertion of Section 54A CrPC. Its continuing relevance to any particular proceeding must be assessed against subsequent central legislation, state amendments, repeal and savings provisions; it should not be assumed to be the operative BNSS rule.
Practical significance of identification evidence
A test identification parade is primarily an investigative safeguard and does not automatically establish guilt. Courts consider whether identification was fair, whether the witness had previously seen the suspect, the conditions in which the incident occurred, and the reliability of identification evidence. Identification in court and prior test identification can serve different evidentiary purposes.
Official legislation and further reading
For the authoritative enacted text and any amendments, consult the Bureau of Police Research and Development - New Criminal Laws, the official Gazette text of the BNSS, 2023 (PDF), and India Code. The BNSS correspondence handbook (PDF) identifies Section 54A CrPC as corresponding to Section 54 BNSS.
Frequently asked questions
Which BNSS section replaces Section 54A CrPC?
Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding provision.
Can police conduct identification without a court direction under Section 54 BNSS?
The specific statutory procedure in Section 54 provides for a direction by the court having jurisdiction upon the request of the officer in charge of a police station. Other investigative steps must be assessed under their own legal authority.
Is recording compulsory when the identifying witness has a disability?
Yes. Under the proviso to Section 54 BNSS, the identification process must be recorded by audio-video electronic means and supervised by a Magistrate.
This article is for general legal information and does not replace advice based on the facts of an individual case.