Identification Parade and its evidentiary Value

1. Introduction

Objects of identification parade are to enable witness to identify these persons or things, which are involved in commission of offence and which are not previously authority on involvement of such person or things in commission of offence. Identification Parade is related to those facts which are declared as relevant facts about place, name, person or date. The conduct of an identification parade is part of the investigation and is held not as a rule of law but as a rule of prudence to eliminate possibility of any mistake.

2. Relevant Provision

Article 22 of Qanun-e-Shahadat order 1984

3. Meaning

Identification Parade is identification of stranger offender, who is not previously known to the witness.

4. Importance of Identification Parade

Identification parade is a procedure to identify the accused by the witnesses under the custody of magistrate.  It is admissible evidence in the court.

5. When identification parade should be conducted

Identification parade should be conducted at the earliest possible time because the witness to indentify the accused easily, as by the lapse of time of memory may fade. Identification parade held after 12 to 15 days loses its evidentiary value.

6. Who conducts identification Parade?

Identification Parade is conducted only by a magistrate having jurisdiction to do so.

7. Modes of conducting identification Parade

Identification Parade is conducted or carried out by modern devices of tape recorders, cameras, videos, audios and maps or sometime the help animals like dog etc is taken.

8. Scope of Identification Parade

Identification parade is relevant both are civil as well as criminal cases.

9. Rules relating to identification Parade

Follow are the rules

(i) Time

Identification parade should be conducted at the earliest possible time.

(ii) Supervision

It is always supervised by a magistrate having jurisdiction to do so.

(iii) Place

It is conducted, generally, in jail or some other secured place.

(iv) Investigating officer

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

(v) Complainant a witness

If the complainant is himself a witness, only then he can participate in the Parade.

(vi) 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 cannot share any information about accused.

(vii) Separation of witness from accused

It is most important for holding of identification parade that witness should be kept separated from accused at some distance from place of deification parade that they cannot see accused or other concerned person until they are called for identification parade.

(viii) Bringing of witnesses for identification

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

(ix) Dummies

For one accused there should be a serial of 1-9 Dummies.

10. Evidentiary value of Identification Parade

Following two views to explanation

(i) Corroborative value

When witness deposes during identification parade that he 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.

(ii) 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.

Conclusion

To conclude that the Identification Parade are held by the police in the course of their investigation for the purpose of enabling witness to identify the property which is the subject matter of the offence or to identify the person who is concerned in the offence. The identification parades are held a rule of prudence to eliminate the possibility of any mistake and not as a rule of law.

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