Test identification parade. Test Identification Parade 2022-10-14
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A test identification parade, also known as a lineup or showup, is a procedure used by law enforcement agencies to identify a suspect in a crime. This process involves presenting a witness or victim of a crime with a group of people, including the suspect, and asking them to identify the person who committed the crime.
There are several reasons why a test identification parade may be conducted. One reason is to confirm the identity of a suspect who has already been detained by the police. In such cases, a witness or victim may be asked to identify the suspect in order to build a stronger case against them.
Another reason for a test identification parade is to identify a suspect who has not yet been apprehended. In these cases, a witness or victim may be asked to identify the suspect in order to help the police locate and arrest them.
There are several factors that can influence the accuracy of a test identification parade. One of these factors is the reliability of the witness or victim. If the witness or victim has a clear view of the suspect during the crime, they may be more likely to accurately identify them in the parade. However, if the witness or victim did not get a good look at the suspect, or if they were under stress or duress at the time of the crime, their ability to accurately identify the suspect may be impaired.
Another factor that can influence the accuracy of a test identification parade is the way in which the parade is conducted. It is important that the parade be conducted in a fair and unbiased manner, in order to ensure that the witness or victim is not influenced or swayed by any external factors. This may involve presenting the witness or victim with a group of people who are similar in appearance to the suspect, or presenting the suspect in a way that is not distinguishable from the other members of the group.
Overall, test identification parades are an important tool in the criminal justice system, as they can help to identify suspects in crimes and build stronger cases against them. However, it is important to keep in mind that these parades are not foolproof, and there is always the possibility of error or misidentification. As such, it is important to use caution and consider all the available evidence when relying on the results of a test identification parade.
Test Identification Parade (TIP), Law and Procedure
Similarly in Soni v State of UP, 1982 3 SCC 368, it was held by the Supreme Court that identification after 42 days cannot be relied upon to sustain conviction. In Raju v State of Maharashtra AIR 1998 SC 275, it was held that when the accused was known to the witnesses from before and no test identification parade was held immediately after his arrest, the identification of the accused by the witnesses for the first time in Court and that too about one year after the incident is not reliable. Ramana Reddy The appellants were accused of murdering a politician, trade union worker who was sleeping on the terrace of his house. Test Identification Parade as relevant Fact in Qanun-e-Shahadat: As to evidence, Article 22, of Qanun-e-Shahadat Order, 1984 is considerable for Test Identification Parade. This test is done by the magistrate in the absence of interference by police. The lower court from which was appealed was from the High Court of Patna.
Test Identification Parade: A Critical Analysis In India Practice
In yet another case, Hari Nath v State of UP AIR 1998 SC 345, it was held that if there is unexplained and unreasonable delay in putting the accused for a test identification, the delay by itself detracts from the credibility of test. The Supreme Court also held that where the eye-witness could not identify the accused but identified him at TIP, such evidence is farce evidence. In cases of copper wire used by the Postal Deptt. And as the remaining accused got arrested Identification parade should be arranged for them as well. It provides a fair play of justice to both accused and prosecution.
Again, a request to hold such a parade should not be refused on the ground that it is some considerable time since the witnesses last saw the accused and the accused may have changed in appearance in the meantime, and in such cases in his report on the parade the Magistrate can record when the witnesses did see the accused last. But it is very essential that the process of identification be carried out under the exclusive direction and supervision of the persons themselves and the Police should completely obliterate themselves from the parade before the statements made by the identifiers could fall outside the purview of Sec. A proper test identification parade held by the Magistrate would have dispelled many of the doubts and difficulties that be set the case and would have been of great assistance to the Court in punishing the real offenders. A lawyer needs to research and try various strategy to get the best outcome for his client which can be different than a general explanation of the law. She rushed down to her home informing her mother and neighbours about the incident and the neighbours had called the police. State of Maharashtra v. When a first information report is lodged against unknown persons, a test identification parade in terms of section 9 of the Evidence Act is held for the purposes of testing the capability of the witness to identify persons who were previously unknown to them that they claim to have seen committing the alleged offence.
The Magistrate should also record any statement made by a witness before making an identification. The accused cannot demand to be subjected to TIP as a matter of right since there is no provision in Cr. The nature of the offence, the state of mind of the witness at the particular time when the offence was committed terror, excitement , and the duration in which the witness had the opportunity to see the accused are tacts to be particularly taken into account. What is a test identification parade? Non-holding of Test identification parade, though may not be a ground to vitiate the trial, is undoubtedly a very important feature in considering the credibility of the witnesses on the point of identification Awadh Singh Vs. Identification of persons means recognising the face of a stranger who was seen momentarily only at the time of a crime. This article deals with the facts which are necessary to explain or introduce a fact in issue or relevant fact as to the extent such facts are relevant as necessary for that purpose. Also, precautions have to be taken that the accused changes positions after every witness identification takes place.
Keywords: Corroborative, Identification, Substantial, Obsolete Suggested Citation:. One such provision which forms part of the Evidence Act is Section 9 of the Evidence Act and Section 9 of the Evidence Act makes the test of identification admissible and a relevant fact in the court of law, and section 54A of the Code states in simple words that when the identification of an accused by the witness is considered necessary for investigation of such an offense in which the accused is under arrest, then the court having jurisdiction may, on request made by the officer in charge of the police station, direct the accused so arrested to make himself available for identification by the witness es in such manner as the court may deem fit. It has, therefore, now become a universal practice that the test identification parade are never held by the Police or ordinary citizens but by the Magistrates. Moreover, it is important to note that failure to hold an identification parade does not make the identification in front of the court as inadmissible. The purpose of the test is to examine the legitimacy of the evidence. The identifying witness is to identify the accused without any support.
Test identification parade: Its purpose and objective
It is an important part of the investigation for the prosecution as well as accused. Of the IPC and the High court has rejected the appeal as the evidence regarding the weapons used and the evidence collected was proving the guilt of all the accused the high court upheld the decision of the trial court describing that test identification parade can, in this case, be used as evidence for all the accused members. Parade, an adverse inference would arise against the prosecution. The author of the book has quoted several true cases wherein innocent persons were convicted due to erroneous identification. One day, few assailants came with the rifle looking for the appellant, and entered the house, somehow the appellant escaped and filed FIR against the assailants and stated that her husband has conspired with them to kill her. Even keeping this in mind, the parade should be held as soon as possible and that too with the presence of the magistrate. Parade A Magistrate conducting a TI parade must take an intelligent interest in the proceeding as the life of an accused person depends on his vigilance and the caution he exercises.
Evidentiary Value of T. The facts are that on a night in the 1999 year, almost ten to twelve people aged between twenty and twenty-six years robbed into the house of Kamdeo Singh and stole items from there, the complaint was registered, and an investigation was started by the police. Please inform us if we missed any or if you are aggrieved on any post, we will remove or re-post it with your permission. They have been accused to have committed the murder of the deceased joy Kutty in Mumbai, Vashi. Identification test has been deprecated even where the Police Officer was present at the time of the parade or even when the witnesses remained with the Police before T. In Ahmed Bin Salam v State of AP AIR 1999 SC 1617, where the accused persons were shown to the witness and he identified them, this was held to be no identification parade.
The accused person is known to everyone except the person identifying them. There can be no question of identification where the accused is apprehended or caught red handed in the presence of several persons AIR ALL 1968 337. Later, he asked all the students of the class to write down in exact words as to what they saw in this incident. The question arose: was anyone telling lies? EVIDENTIARY VALUE: The parade conducted at the investigation cannot be considered as important substantial evidence and also conviction can be founded on the sole reason of test identification parade, the witness identification in the court is required in order to convict. TEST IDENTIFICATION PARADE WHEN NECESSARY The Supreme Court explained this in detail in Jadunath Singh v State of UP AIR 1971 SC 363.
Thereafter, the court knew that the respondent was a politicization and can manipulate the investigations, therefore Supreme Court accepted the Test Identification Parade of the appellant as Evidence. In fact, mere evidence of identification in the Court in the absence of a prior identification test is of very little consequence. It must be mentioned here that in Ravi v State, AIR 2007 SC 1729, the Supreme Court held that in the case of an FIR against unknown persons, the test identification parade should be held as early as possible. Days later of the scheduled date. If it was in an open place, was there enough lighting for the identifier?        Purpose The Test Identification Parades are held at the instance of the investigating agency. The same is evident from the order in the Government Circular, Home Department, No. TIP evidence is used as corroborative evidence.
