Authorizes taking identifying particulars of arrested persons for investigation purposes.
Facilitates scientific identification through lawful collection of physical and biometric details.
Introduction
Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers police authorities to take identification details of a person who has been arrested, including measurements and other identifying particulars necessary for investigation. The provision supports modern evidence-based policing by enabling accurate identification of accused persons and preventing impersonation or evasion of criminal process.
The section operates in harmony with Article 21 of the Constitution of India, ensuring that identification procedures affecting bodily integrity follow lawful and reasonable process.
Objective of the Provision
The objectives of Section 54 BNSS are
- to enable collection of identification particulars of arrested persons
- to assist investigation through scientific identification methods
- to prevent impersonation or concealment of identity
- to support evidentiary verification during trial proceedings
The provision strengthens the accuracy and reliability of criminal investigations.
Meaning / Concept
Identification of Arrested Person
Identification under this section includes recording physical and biometric particulars such as
- fingerprints
- palm impressions
- photographs
- iris or retina scans
- signatures or handwriting samples
- other measurements permitted by law
These particulars assist in linking the accused to the offence or verifying identity.
Scientific Investigation Framework
The provision reflects the integration of modern forensic techniques into criminal procedure and operates alongside the Criminal Procedure (Identification) Act, 2022, which governs the collection of measurements of arrested persons.
Detailed Explanation of the Section
Section 54 BNSS provides that
- when a person is arrested, the police officer may take measurements or identifying particulars necessary for investigation
- such particulars may include physical and biometric identifiers recognized under law
- the process must be conducted in accordance with statutory safeguards
- the collected information may be used for investigation, identification, and evidentiary purposes
Where the arrested person is a woman
- identification procedures must be carried out with due regard to decency and privacy
Key features include
- statutory authority to collect identifying particulars
- inclusion of modern biometric techniques
- requirement of lawful procedure
- protection of dignity and privacy during identification
These safeguards ensure lawful and proportionate use of identification measures.
Procedure or Legal Framework
The procedural framework under Section 54 BNSS generally includes
- lawful arrest of the individual
- determination of necessity for identification particulars
- collection of measurements by authorized personnel
- compliance with statutory safeguards under identification laws
- documentation and preservation of collected particulars
- use of identification material during investigation or trial
The collected data becomes part of the evidentiary record where relevant.
Judicial Interpretation
Courts have clarified the constitutional validity of collecting identification particulars from accused persons.
In State of Bombay v. Kathi Kalu Oghad AIR 1961 SC 1808, the Supreme Court held that taking fingerprints, handwriting samples, and similar physical evidence does not violate Article 20(3).
In Ritesh Sinha v. State of Uttar Pradesh (2019) 8 SCC 1, the Court recognized the legality of obtaining voice samples for investigative purposes under judicial authorization.
In Selvi v. State of Karnataka (2010) 7 SCC 263, the Supreme Court distinguished permissible physical identification techniques from impermissible involuntary testimonial compulsion.
These decisions support the evidentiary legitimacy of identification procedures under Section 54 BNSS.
Importance of the Provision
Section 54 BNSS is important because
- it enables accurate identification of arrested persons
- it strengthens forensic investigation methods
- it prevents impersonation and false identity claims
- it improves evidentiary reliability during prosecution
The provision supports modernization of investigative practices within criminal procedure.
Connection with Other Sections
Section 54 BNSS operates alongside related evidentiary and investigative provisions
- Section 49 BNSS – Search of arrested person
- Section 51 BNSS – Examination of accused by medical practitioner at request of police officer
- Section 52 BNSS – Examination of person accused of rape by medical practitioner
- Section 53 BNSS – Examination of arrested person by medical officer
Corresponding Provision under Old Law
Section 54 BNSS corresponds broadly to procedures earlier governed under Identification of Prisoners Act, 1920, now replaced by the Criminal Procedure (Identification) Act, 2022.
Illustrative Example
A person arrested in connection with a burglary case refuses to disclose identity. The investigating officer records fingerprints and photographs of the accused under Section 54 BNSS. These identification particulars are later used to match records from previous criminal cases.
Conclusion
Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes the collection of identifying particulars of arrested persons to support investigation and prosecution. By permitting modern biometric identification within statutory safeguards, the provision enhances accuracy, transparency, and evidentiary reliability in criminal justice administration.
