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Test Identification Parade

The document discusses test identification parades (TIP), which are conducted during criminal investigations when the identity of the accused is disputed. [1] TIP allow witnesses to identify suspected criminals and help investigators determine if suspects are actually involved. [2] Article 20(3) of the Indian Constitution is not violated by compelling an accused to participate in a TIP. [3] While TIP are not definitive evidence of guilt, they can help corroborate a witness's identification of a defendant in court.

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ASHUTOSH PAREEK
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192 views

Test Identification Parade

The document discusses test identification parades (TIP), which are conducted during criminal investigations when the identity of the accused is disputed. [1] TIP allow witnesses to identify suspected criminals and help investigators determine if suspects are actually involved. [2] Article 20(3) of the Indian Constitution is not violated by compelling an accused to participate in a TIP. [3] While TIP are not definitive evidence of guilt, they can help corroborate a witness's identification of a defendant in court.

Uploaded by

ASHUTOSH PAREEK
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TEST IDENTIFICATION PARADE

In every case the crime is not disputed but the person who committed the crime is disputed.
Therefore, the identity of the accused becomes relevant.

Section 9 of the Indian Evidence Act, 1872 makes the identification of proper accused and
properties admissible and relevant facts in a court of Law, but there is no specific provision to
direct the suspected to be present for the identification parade by the Investigating Officer, but
recently Section 54 A was introduced in the Code of Criminal Procedure, 1973, to meet this
situation, according to which, the court can direct the person arrested to present for identification
parade on the request of the investigating police officer. Identification parades in criminal cases
are held while the cases are under investigation.

TIP DOES NOT VIOLATE ARTICE 20(3)

Article 20(3) of the Constitution of India is also not violated by compelling an accused to stand
up and show his face for the purpose of identification. It does not amount to giving of testimony
as to the final facts.

EVIDENTIARY VALUE

TIP is not a substantive piece of evidence and cannot be basis of conviction by itself because it is
done at the time of investigation. The identifying witness has to identify the accused in the court
and then only the previously done TIP is of value otherwise it won’t be of any value. TIP is used
for corroboration.

State of Maharashtra v. Suresh (1999), it was held that TIP has two objects first is to enable the
witnesses to satisfy themselves that the prisoner whom they suspect is really the one who was
seen by them in connection with the commission of the crime. Second is to satisfy the
investigating authorities that the suspect is the real person whom the witnesses had seen in
connection with the said occurrence.

There are certain points that need to be taken care of before conducting TIP:

1. The accused is not known to the witness before the occurrence of the crime. State of UP
v. Sukhpal Singh
2. When the witnesses gave vivid description of the accused in their statements or in the
F.I.R.
3. When the witnesses say in the examination by the investigating officer that they would be
able to recognize some of the criminals.
4. Police officer should not be present at the time of identification parade, whether it is of
the accused or of the properties. If it is conducted in the presence of police officer, it
amounts to a statement within the meaning of Sec. 162 Cr.P.C, and becomes inadmissible
in evidence. It cannot be then used for the purpose of corroboration.

CAN AN ACCUSED DEMAND TIP

Failure to hold TIP is not at all fatal to the case. An accused generally cannot demand TIP but if
they do so and prosecution turns down their request then it would be a risk of the veracity of the
eye witnesses and the prosecution would be exposing the claim of such witnesses to the criticism
that the test identification was shirked because the witnesses would not have been able to stand
the test. So if the court finds that the accused have some veracity in it then court can order TIP.

Kartar Singh v. State of Punjab (1994) If the evidence regarding the identification on the basis
of a photograph is to be held to have the same value as the evidence of a test identification
parade, we feel that gross injustice to the detriment of the persons suspected may result, but still
photo identification can take place when the accused is not known to the witness or victim.

It is interesting to note that, if test identification parade is not conducted and the witness
identifies the accused for the first time in the court of law, then, the evidence regarding
identification in the court of law does not ipso facto becomes inadmissible and cannot be
discarded on the ground that it was not preceded by test identification parade. Identification of
accused in the court without test identification parade is admissible if the court finds it
trustworthy.

Delay in holding TIP if no reason provided can reduce its value.

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