Test identification parade. Test identification parade: an explainer 2022-10-23
Test identification parade
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.
Demystifying test identification parade
Â Â Â Â Â Â Â PurposeÂ The Test Identification Parades are held at the instance of the investigating agency. The Magistrate or other persons conducting the parade should satisfy himself or themselves, that no Police Officer takes part in the actual identification, that witnesses are kept out of view from the premises where the parade is taking place and that it is not possible to communicate with them by signals or other communications. Sometime an accused person prior to his identification succeeds in securing bail on giving an under taking that he would take precautions to keep himself concealed from the prosecution witnesses and that he would not raise the plea that they had seen him before the identification parade. The note or memo of the proceedings prepared by the person in question is, therefore, a record of the statement of the identifying witnesses. This shall be signed by the two respectable persons with whose help the identification parade was held.
Test Identification Parade
Â CriticismÂ Once Samuel Leibowitz, American criminal attorney who later became a justice in the New York State Supreme Court had visited a Law college for a lecture to a class of fifty students and suddenly in the midst of it a girl came running into the class being very scared. The fact that at the time when he left ho me he had sudden and urgent business at the place to which he went is relevant, as t ending to explai n the fact that he left home suddenly. There should be more parades than one, each including not more than two accused persons. The investigating agencies use various methods in this process. Conducting TIP is based on facts and circumstances of the case.
Test Identification Parade
Even if a witness makes a mistake, it should be recorded. Prem Chand held that Test Identification Parade is not necessary when the witness already knew the accused and identify the accused in the court of law. The test identification parade conducted by a Police Officer attracts the operation of Sec. Thus, the identity of the accused becomes relevant. They are not considered substantive evidence and these parades are essentially governed by Section 162 of the CrPC. So, without having any other way, recourse can be made to leading citations in which superior Courts have made efforts to settle the principles and guidelines.
TEST IDENTIFICATION PARADE
The non holding of TI parade through it may not vitiate the trial, is undoubtedly a very important feature in considering the credibility of the witness on the point of identification 1954 Pat. Wall 4 Principles of Criminology and Criminal Law by R. But there are some exceptions to this rule. You can click on this link and join:. One of the essential condition is that suspect should be unknown to the witness. Test identification has been held to be part of investigation.
What is Test Identification Parade?
Venkata Reddy held that the testimony of a witness in the court of law is the substantive testimony and identification of an accused in the Test Identification Parade is only the confirmatory of the testimony made before the court. All precautions taken in this regard should be noted in the official records such as general diary and case- diary, The idea is that precautionary measures should not only be taken but should be proved in the court of law. Parade should be avoided as far as possible. Also, the important aspects to remember are that the accused should not be knowing the witness or victim before committing a crime, FIR has to be given with all aspects remembered, victim or identifier must have seen the person for some time as in order to identify him later on and in also well-lighted area. Then the memorandum should be read over and explained to the respectable persons in language which they understand.
Test Identification Parade: A Critical Analysis In India Practice
The Supreme Court has pointed out in Ramkishan Vs. The identification is considered to be of more value if it conducted before the trial of an accused. Government is accordingly pleased to direct that the Police Officers concerned should obtain the help of Executive Magistrates and Honorary Magistrates in holding identification parades. Also, the jail authorities have to keep a separate set of clothes if the accused wants to change. Test identification is not required in cases where both witness and accused are acquainted with each other as they live nearby or even closer.
Test Identification Parade as a Tools to Better Criminal Justice Administrator by Shubham Sonthalia :: SSRN
The Supreme Court rejected his evidence and held that such identification was a farce evidence and therefore not reliable. In a reported case cited as PLJ 2019 SC Cr. After the identification by, one witness is over, care should be taken to see that the witness does not mingle or communicate with the other witnesses for whom identification parade is yet to be conducted or with other outside persons, and the whole parade will be reshuffled and the accused made to take different positions. At the trial, however, he has a right to demand that he be identified and in such cases the court will have to make proper arrangements to have him mixed up with others before the witness has any opportunity to see him. In other words, there is no need for his appearance in the Court to prove the memo unless it is required to explain ambiguities or omissions there from.
Test identification parade: an explainer
WHEN TEST IDENTIFICATION PARADE IS VALUELESS I must also mention here quite clearly that the Supreme Court through many of its rulings has also categorically specified the situations under which test identification parade carries no value and is not worthy of being relied upon. Also, in Hari Nath v State of UP, AIR 1988 SC 345 it was held by the Apex Court that holding a test identification parade after four months diluted its evidentiary value. Analysis: In this case, the High court has given this consideration based on the facts that though there was a delay in the test identification parade the evidence containing the blood scrapes of the weapons and the identification parade of all the accused proved the guilt and common intention of all the members involved in the crime and the counsels argument that the person was not identified acc. All these statements express or implied including the signs and gestures would amount to a communication of the fact of identification by the identifier to another person. Issue before the Court Whether the test identification parade held was valid pertaining to Rajesh Govind Jogesh as the parade was held with unreasonable delay and he did not match the description given by the appellants in the F. This list should contain the parentage, address and occupation of each member of the parade.