Identification of Persons Arrested under Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Provision enabling the identification of arrested persons through lawful procedures during investigation.

Introduction

Identification of suspects plays an important role in criminal investigations. In many cases, witnesses or victims may have seen the offender during the commission of the offence but may not know their identity. In such situations, the law provides procedures through which the identity of the accused can be established.

Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the legal framework for the identification of persons who have been arrested. This provision corresponds to Section 54A of the Code of Criminal Procedure, 1973.

The provision allows the investigating authorities to conduct identification procedures in order to assist witnesses in recognizing the accused person.

Objective of the Provision

The primary objectives of Section 48 are:

• To establish the identity of the accused involved in an offence.
• To assist witnesses or victims in recognizing the offender.
• To strengthen the evidentiary foundation of criminal investigations.
• To ensure lawful identification procedures.

Circumstances Where Identification May Be Required

Identification may be necessary when:

• The accused was seen committing the offence by witnesses or victims.
• The accused is not personally known to the witnesses.
• The investigating agency needs confirmation that the arrested person is the offender.

In such cases, identification procedures may be conducted to determine whether witnesses can recognize the accused.

Identification Parade

The most common method used for identification is the Test Identification Parade (TIP).

In this procedure, the accused person is placed among several other individuals with similar physical characteristics, and the witness is asked to identify the person who committed the offence.

The identification parade is usually conducted under the supervision of a Magistrate to ensure fairness and prevent manipulation.

Role of the Magistrate

Section 48 allows the court to direct the accused person to participate in identification procedures.

The presence and supervision of a Magistrate ensure that:

• The process is conducted fairly.
• The rights of the accused are protected.
• The identification result remains credible and reliable.

Importance of Identification Evidence

Identification evidence can be important in criminal trials, especially when:

• The accused was not previously known to the witness.
• The offence occurred suddenly or in public places.
• There is limited direct evidence linking the accused to the crime.

However, courts generally treat identification parade evidence as corroborative evidence rather than conclusive proof.

Evidentiary Value

The results of a Test Identification Parade help investigators confirm the involvement of the accused. However, the actual identification of the accused in court during trial carries greater evidentiary value.

The identification parade mainly serves to strengthen the credibility of witness testimony.

Connection with Other BNSS Provisions

Section 48 operates alongside other provisions relating to arrest and investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Important related provisions include:

• Section 44 – Search of arrested person
• Section 45 – Seizure of offensive weapons
• Section 46 – Medical examination of accused
• Section 47 – Examination of accused by medical practitioner at request of police

Together these provisions regulate the investigation process and the treatment of arrested persons.

Illustrative Example

If a robbery occurs and a witness briefly sees the offender but does not know their identity, the police may arrest a suspect during investigation.

The court may then order a Test Identification Parade in which the witness is asked to identify the offender among several individuals. If the witness correctly identifies the accused, this may support the prosecution case.

Important Points for Examination

• Section 48 BNSS corresponds to Section 54A CrPC.
• The provision deals with identification of arrested persons.
• Identification is usually conducted through a Test Identification Parade (TIP).
• The procedure is typically supervised by a Magistrate.
• Identification evidence is generally corroborative in nature.

Conclusion

Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the legal framework for identifying persons who have been arrested during criminal investigations. By enabling witnesses to recognize the accused through lawful procedures such as Test Identification Parades, the provision strengthens the investigation process while ensuring fairness and reliability in criminal proceedings.