Identification of person arrested
AI Assist
Summary
When someone is arrested and identification by others is needed for investigation, the Court can order the arrested person to be presented for identification by any person or persons on the request of the officer in charge of the police station. If the person doing the identifying is mentally or physically disabled, a Magistrate must supervise, ensure comfortable methods are used, and have the identification recorded by audio-video means.
Example
Priya is arrested on suspicion of shop theft and the investigating officer says the shopkeeper can identify her. The Court directs Priya to be shown to the shopkeeper for identification. Because the shopkeeper is visually impaired, the Magistrate supervises, ensures a comfortable method is used, and the identification is recorded by audio-video means.
Bare Act
Enacted textWhere 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.
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