CrPC · Chapter V · Arrest of persons

CrPC section 54A in the BNSS

CrPC 54ABNSS 54

CrPC section 54A, “Identification of person arrested”, is now BNSS section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 54A to BNSS 54

Now BNSS section 54. Where the identifying witness is mentally or physically disabled, the identification must be recorded “by any audio-video electronic means” (CrPC: videographed); the separate proviso is folded into one.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 54A 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 54 Identification of person arrested

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.