What is Identification parade, how is it held? What is evidentiary value of such parade?

(1) Introduction

Objects of identification parade are to enable witness to identify those persons or things, which are involved in commission of offence and which are not previously known to witness, and to satisfy investigating authority about involvement of such persons or things in commission of offence. In fact, holding of identification parade is not requirement of law. But is to test veracity of eye-witness about involvement of some person or thing in commission of any offence.

(2) What Is Identification Parade?

Identification parade has not been defined in Qanoon-e-Shahadat Order. However, it has been described in relation to that fact, which is relevant. Keeping this point in mind.

(3) Identification parade can be described in following manner:

  • (i) Facts, which are necessary
  • (ii) Facts, which support or rebut
  • (iii) Facts, which establish identity of thing or person
  • (iv) Facts, which fix time or place
  • (v) Facts, which show relation of parties

(i) Facts, Which Are Necessary

Facts, which are necessary to explain or introduce some fact in issue or relevant fact, are relevant in so far as they are necessary for that purpose.

(ii) Facts, Which Support or Rebut

Facts, which support or rebut an inference, which some fact in issue or relevant fact suggests, are relevant in so far as they are necessary for that purpose.

(iii) Facts, which establish identity of thing or person

Facts, which establish identity of anything or person whose identity is relevant, are relevant in so far as they are necessary for that purpose.

(iv) Facts, Which Fix Time or Place

Facts, which fix time or place at which any fact in issue or relevant fact happened, are relevant in so far as they are necessary for that purpose.

(v) Facts, Which Show Relation of Parties

Facts, which show relation of parties by whom any fact in issue or relevant fact was transacted, are relevant in so far as they are necessary for that purpose.

(4)How Is Identification Parade Held?

Following points are important for explanation of holding of identification parade:

  • (i) First class magistrate & two witnesses
  • (ii) Without of delay
  • (iii) Investigating officer
  • (iv) Dummies
  • (v) Number of dummies
  • (vi) Identifying witnesses
  • (vii) Result of test of identification parade

(i) First Class Magistrate & Two Witnesses

Here following points are important:

a. Order of first class magistrate

Identification parade should be held with order of first class magistrate.

b. Presence of first class magistrate & two witnesses

Identification parade should be held in presence of first class magistrate and two respectable witnesses, who do not have any interest in case.

(ii) Without Of Delay

Identification parade should be held immediately after arrest of accused and without any delay. It means that it should be held as soon as possible.

(iii) Investigating Officer

After beginning of identification parade, investigating officer or any police officer, who helps investigating officer, should not have any access to identifying witnesses.

(iv) Dummies

For explanation of dummies, following points are important:

(a) Who are dummies?

Dummies are those persons with whom accused is placed for purpose of identification parade.

(b) Similarities between dummies & accused

Dress, color, height, structure, religion, and social status of dummies should be similar to those of accused.

(v) Number of Dummies

One accused should be mixed with eight to nine dummies.

(vi) Identifying Witnesses

For explanation of identifying witnesses, following points are important:

a. Separation of witnesses from each other

For holding of identification parade, it is necessary that witnesses should be kept separated from each other so that they cannot share any information about accused.

b. Separation of witnesses from accused

It is essential for holding of identification parade that witnesses should be kept separated from accused at some distance from place of identification parade that they cannot see accused or other concerned persons until they are called for identification parade.

c. Bringing of witnesses for identification

It is necessary that witnesses should be brought separately for identification parade.

d. Other witnesses when one witness is brought for identification

Witness, who has attempted identification parade, should be kept separated from remaining witness so that he/she cannot communicate with remaining witness about accused.

e. Prevention of collusion

An identification witness can remain at that place, where identifying witnesses are present. However, it is essential that such witness should not have any connection with police and he/she should prevent any collusion between police and witnesses or between witnesses.

(vii) Result of Test Of Identification Parade

On requisite form, first class magistrate should record result of test of identification parade. At close of test, magistrate or other independent witness/witnesses should be requested to sign this form and certify that test has been carried out correctly and without any collusion between police and witnesses or between witnesses.

(5) Evidentiary Value of Identification Parade

Following two views are important for explanation of evidentiary value of identification parade:

a. Corroborative value

One view is that identification parade is itself not substantive piece of evidence and it has just corroborative value; when witness deposes during identification parade that he/she has seen some of persons, who are present in identification parade, on time, date and place of incident, it is considered that such deposition has corroborative value.

b. Admissible evidence

Another view is that identification parade can be substantive piece of evidence especially when proper procedure is adopted for holding of identification and all legal requirements are fulfilled.

(6) Conclusion

To conclude, it can be stated that identification parade loses its sanctity when proceedings, which should be adopted for holding of identification parade, are not adopted. In fact, such proceedings become extra-judicial ones, and, therefore, destroy sanctity of identification parade.

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