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.]
STATE AMENDMENTS
UTTAR PRADESH
| ■ | Section 54 | |
| Insert the following sentence at the end of section 54 : |
| “The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost.”-Vide Act No. 1 of 1984. |
| ■ | Section 54A | |
| Insert the following section after section 54 : |
| “54A. Test identification of the accused.—When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such court, to hold test identification of the person arrested.”-Vide Act No. 1 of 1984. |
COMMENTS
JOINT COMMITTEE OF PARLIAMENT
Intention of the section – It has been observed by the Joint Committee of Parliament :
“A person who is arrested should be given the right to have his body examined by a medical officer when he is produced before a Magistrate or at any time when he is under custody, with a view to enabling him to establish that the offence with which he is charged was not committed by him or that he was subjected to physical injury. In the view of the Committee a person in custody is in need of this protection.”
The section is intended to give that protection.