Section 54A of the Code of Criminal Procedure, 1973, deals with the identification of arrested persons. 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.
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?
Asked in UPSC CISF AC EXE 2024 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
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