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Q135 (CISF/2024) Polity & Governance › Judiciary

Consider the following statements relating to identification of arrested person under the Code of Criminal Procedure, 1973 :

1. An arrested person can be directed to subject himself to identification in the manner prescribed by the court.

2. If the person identifying the person arrested is mentally or physically disabled, the identification process must be videographed in all cases.

3. The supervision of a Magistrate is not mandatory if the person identifying is mentally or physically disabled.

Which of the statements given above is/are correct?

Explanation

The identification of arrested persons is governed by Section 54A of the Code of Criminal Procedure (CrPC), 1973 (inserted by the 2005 Amendment).

  • Statement 1 is correct: Section 54A states that if identification is considered necessary for investigation, the Court may direct the arrested person to subject himself to identification in such manner as the Court deems fit.
  • Statement 2 is correct: According to the second proviso to Section 54A (added by the Criminal Law (Amendment) Act, 2013), if the person identifying is mentally or physically disabled, the identification process shall be videographed.
  • Statement 3 is incorrect: The first proviso to Section 54A explicitly mandates that if the identifier is mentally or physically disabled, the process shall take place under the supervision of a Judicial Magistrate. Therefore, supervision is mandatory, not optional.
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SIMILAR QUESTIONS

CISF · 2018 · Q127 Relevance score: 4.68

The Code of Criminal Procedure, 1973, does not expressly provide for which one of the following ?

CISF · 2021 · Q124 Relevance score: 3.54

Power to search a place entered by a person sought to be arrested has been provided under