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 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?
1 only
1 and 2 only
2 and 3 only
1, 2 and 3
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2024
1. Section 54A(1) states that the Court having jurisdiction *may* direct the arrested person to subject himself to identification “in such manner as the Court may deem fit”. Thus, statement 1 is correct.
2. Section 54A(3) states that the identification proceedings under sub-section (2) *shall be videographed*. Sub-section (2) applies when the person identifying the arrested person is mentally or physically disabled. Therefore, if the identifier is disabled, the process must be videographed. Thus, statement 2 is correct.
3. Section 54A(2) explicitly states that if the person identifying is mentally or physically disabled, the identification process *shall take place under the supervision of a Judicial Magistrate*. Therefore, the supervision of a Magistrate is mandatory in this specific case, not optional. Thus, statement 3 is incorrect.