Proof of the Identification Parade

Abstract

The idea of Identification parade is to test the veracity of the witness in the question of his capacity to identify, from among several persons made to stand in a queue, an unknown person whom the witness had seen at the time of occurrence. In cases where the identity of the accused is not known to the eye-witness, it is essential for the investigating officer to get such suspect identified from eye-witness in a test identification parade, which has mainly two works - a) Ensures that investigation is proceeding on a right track, b) Ensures that the eye-witness's memory regarding the identity of the appellant. Further, there are certain principles with must be followed while conducting the identification parade. The establishment of these principles can be done examining the witnesses who conducted the identification parade i.e. they must be put to the cross examination by a magistrate. Further, if the manner of holding the identification parade throws suspicion on police, then the TI parade would not have any evidentiary value. It is also true that the presence of police officer and the public prosecutor at the place of the identification parade would not vitiate it, when there was no prejudice against the accused. The parade should be held by a magistrate or any officer who is not a police officer because the police should not take part in the identification parade. It can also be held by the panch (Ordinary person). Police can make arrangement for conducting identification parade but it must be done in the presence of the Panch or a magistrate as it does not come in the purview of sec. 162 of Code of Criminal Procedure, 1973.