Under section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the person identifying an arrested…

The proviso to section 54 of the BNSS (formerly s.54A CrPC) applies where the person identifying the arrested person is mentally or physically disabled. The identification must then take place under the supervision of a Magistrate, who must take appropriate steps to ensure that the person identifies the arrested person using methods that person is comfortable with. The identification process must be recorded by audio-video electronic means.

Under the main provision, the officer in charge of the police station only requests the Court to direct the arrested person to undergo identification. The proviso gives supervision of identification by a disabled identifier to a Magistrate, not to the officer in charge, the Investigating Officer or the Commissioner of Police.