Test identification parade is the concept that is generally pre-trial, which means generally done in the time of investigation by the police officer. It helps the police officer to find the suspect, and get the proper idea about the commission of the offence, which leads police officers to get evidence of the same nature. So in a very crude format test identification parade is structured provided for police officers for the smooth investigation procedure. This is especially important to streamline the investigation procedure in a country where the police are already overburdened.
Relevance in India by Section 9 of Indian Evidence Act
Test Identification Parade is construed under Section 9 of the Indian Evidence Act. According to Section 9, the following facts are relevant.
- Facts which are neceasrry to explain fact in issue or relevant facts.
- Facts which are necessary to introduce fact in issue.
- facts which supports, and creates inffernece in connection to Fact in issue.
- Facts helps to indentify someone
- Facts, in fixation of time and place.
Though Section 9 of the Indian Evidence Act gives a comprehensive understanding of the relevant facts in connection to the fact-in-issue being tested in the test identification parade, identification of the person suspected is the key aspect that is construed by the same. Additionally, this section, mentions the identification of both objects and human beings. whereas in the case of CrPC, it only mentions the identification of a person.
What is the Procedural Aspect?
Procedure as to the identification of the person is mentioned in section 54A of the code of Criminal Procedure, 1972. This Section was introduced in the code by the Criminal Amendment Act of 2005 for the speed investigation of the cases, as a weapon to a police officer of specifically mentioned the arrested person, who has committed the charge. This section mentioned that identification parade can only take place at the request of the officer-in-charge at the police station of the local jurisdiction, to the Magistrate of the local jurisdiction.
The test of identification parade is not considered a good piece of evidence, as it is taken in the custody of the police officer. Any evidence taken in the presence of the police officer is not a good piece of evidence. Though it has corroborative value but does not have direct admissibility in the Court of Law.
Additionally, a report of the test identification parade has to be attached with the full report submitted to the magistrate under Section 173, colloquially called a challan. and when a full police report finds a person suspect not guilty, the same report is called a closure report, but on the other hand, if it finds the person liable for the offence it is called challan.
Relevant Case Laws
In the case of Ram Nathan v State of Tamil Naidu, the Apex Court of the country specified the purpose of the test of an identification parade, wherein it was held that the purpose is to find whether the accused is the perpetrator of the crime and if the offender is not mentioned by the eye witness, then in such circumstances, evidence becomes more important.
Additionally, in the case-law of Harnath Singh v State of Madhya Pradesh, the apex court observed another two purposes of Test of identification Parade,
- Firstly, as to satisfy the investigation authorities, that whether any person not previously known is involved to the crime.
- And Secondly, to furnish evidence, to corroborate the testimony, which the witness concerned tenders befors the Court.
Test Identification Parade is the tool that helps the investigation officer to check whether the person who is suspected is correct or not. usually, the concept has been criticised on the ground, human memory cant is given as much gravity, as to change the course of investigation of facts. Identifying a person could be the wrong manner to satisfy the fallacious intentions against the person.
This article is written by Adish Jain, a 3rd-year law student at Symbiosis Law School, Noida.