BNSS 2023 § 54
Definition
The Indian statutory provision governing identification parades, replacing CrPC § 9. Requires the parade to be held before a magistrate with persons of similar appearance. Does not yet incorporate explicit requirements for blind administration or unbiased instructions.
- Governing code
- Bharatiya Nagarik Suraksha Sanhita 2023
- Replaces
- CrPC 1973 Section 54A
- Presiding authority
- Held before a magistrate
- Composition requirement
- Distractors of similar appearance to the suspect
- Blind-administration status
- Not explicitly required by the text
Common questions
Why does the lack of blind-administration language matter?+
Research on eyewitness identification shows an administrator who knows the suspect's identity can unintentionally cue the witness through tone, phrasing, or body language. Because Section 54 does not mandate the parade be run by someone unaware of the suspect's identity, that source of contamination is left to local practice rather than statute.
Can the results of an identification parade held under this section be challenged in court?+
Yes. Indian courts have long treated identification parade evidence as corroborative rather than substantive proof by itself, and defence counsel routinely challenge parades over delay, prior exposure of the witness to the suspect, or an unrepresentative line-up composition.
Related terms
- Double-Blind Administration
- Lineup administration by an officer who does not know which member is the suspect. Removes the possibility of administrator cue effects. The...
- Functional Size
- The number of lineup members who are plausible perpetrators given the witness's prior description. A lineup with nominal size six but functional...
- Must-Be-There Bias
- The tendency of witnesses to make a lineup identification even when uncertain, if they believe the perpetrator is present. Substantially reduced by...
- Relative Judgement
- The cognitive strategy of comparing lineup members to each other and selecting the best match to memory. Encouraged by the simultaneous format...
- Sequential Lineup
- A lineup in which members are presented one at a time, with the witness making a yes/no decision on each before seeing...
- Simultaneous Lineup
- A lineup in which the witness views all persons or photographs at the same time and selects one. Encourages relative judgement (who...
- VIPER System
- Video Identification Parade Electronic Recording, the default identification procedure in England and Wales since 2003. Uses standardised database clips administered by an...