Identification of person arrested
AI Assist
Summary
When someone is arrested and another person’s identification is needed for the investigation, the court can, on the police station head’s request, order the arrested person to submit to identification in whatever manner the court thinks fit. If the identifying person is mentally or physically disabled, the identification must take place under the supervision of a Judicial Magistrate who ensures comfortable methods. In that case the identification must also be video recorded.
Example
Ravi is arrested for alleged theft and the investigating officer asks the court to have the shopkeeper Priya identify him. The court directs Ravi to submit to identification by Priya in the manner it considers fit. If Priya is physically disabled, the identification is done under a Judicial Magistrate’s supervision and is video recorded.
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 Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with;1
Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be video graphed.1
1 Criminal Law (Amendment) Act, 2013
Previous year papers
Pick your exam. we'll email the most recent paper.