Test identification parade. Test Identification Parade as a Tools to Better Criminal Justice Administrator by Shubham Sonthalia :: SSRN 2022-10-10

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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.

Test identification parade: an explainer

test identification parade

We have discussed the different ruling also in this regard where we have seen when it is relevant. After all the identifying witnesses have thus been exhausted one after the other, the memorandum should be wound up by stating the time at which it was concluded. Test Identification Parade as relevant Fact in Qanun-e-Shahadat: As to evidence, Article 22, of Qanun-e-Shahadat Order, 1984 is considerable for Test Identification Parade. Steps taken to conceal any patent defect or mark on the suspect. Every effort should be made to secure the presence of a Magistrate and services of Sarpanch only secured when absolutely necessary.

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TEST IDENTIFICATION PARADE

test identification parade

Failure to hold a test identification parade would not make inadmissible the evidence of identification in Court. It is for this reason that such proceedings should never be held by the Police. Who can hold T. The whole idea of the test identification parade is for the witnesses who claim to have seen the culprits at the time of occurrence, to identify such person s in midst of other persons without any aid or any other source. They can act with great authority over the Police and the jail staff who have to arrange for the parade. This statement may be express or implied.

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Test Identification Parade (TIP), Law and Procedure

test identification parade

Besides, the proceedings of the test identification come under the ambit of the provision of Sec. And the parade should be held closest as possible whenever possible that too in front of a magistrate. The lower court from which was appealed was from the High Court of Patna. Supreme Court in the case of State of A. For accuracy of results, a similar person to the accused must be made present along with the others and accused in a test identification parade Ratio minimum 1:5 and 1:10. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities.

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Test Identification Parade as a Tools to Better Criminal Justice Administrator by Shubham Sonthalia :: SSRN

test identification parade

The Test Identification Parade is used as a means to vet the veracity of the witness and their ability to determine an unfamiliar or unknown person. The identity of the person that a witness testifies has seen on a significant occasion is also important to determine. As to ordinary citizens, there is no legal objection to their holding identification proceedings even though these are arranged for by the Police. This article deals with the facts which are necessary to explain or introduce a fact in issue or relevant fact as to the extent such facts are relevant as necessary for that purpose. It is significant for the prosecution since the skipping of TIP will make dock identification inherently. TEST IDENTIFICATION PARADE WHEN NOT NECESSARY It would be imperative to mention here that in Asha v State of Rajasthan, AIR 1997 SC 2828, test identification parade was not considered necessary by the Apex Court where the FIR was lodged within one hour and the culprits were named therein. In all cases, a specific individual is investigated and arrested by the police.

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What is Test Identification Parade?

test identification parade

WHAT HAPPENS WHEN THERE WILL BE DELAY IN HOLDING TEST IDENTIFICATION PARADE? State of Bihar REFERENCES. Identification parade is mostly designed to validate the identity and help the police investigate the accused. Parade, he should better avoid any sort of association with the witness during the T. The proceedings shall be conducted by a Magistrate or, if no Magistrate is available and the case is of great urgency then, by Sarpanch who may summon one or two independent and literate, if possible, persons of reliable character, not interested in the case to assist him and to certify that the identification has been conducted under conditions precluding collusion. In this connection, it is relevant to mention the contents of Secs.

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Test Identification Parade

test identification parade

Delays are not taken positively in such cases by the courts of law. Later, he asked all the students of the class to write down in exact words as to what they saw in this incident. The appellants were known. For instance, the witness knew that accused had been his uncle there in case of the State of H. One day, few assailants came with the rifle looking for the appellant, and entered the house, somehow the appellant escaped and filed FIR against the assailants and stated that her husband has conspired with them to kill her. The corroborative value of test identification parade is absolute and its use of test of identification parade as substantial evidence is obsolete, the test identification has only corroborative value as evidence.

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Understanding Test Identification Parade

test identification parade

This shall be signed by the two respectable persons with whose help the identification parade was held. STATE OF MAHARASHTRA, 1999 2 SCC 45. Thus the above instances refer to one of the principal causes of conviction based upon erroneous evidence of identification. The crime is not disputed but the person who commits a crime or offense is disputed. Leading Judgment on Test Identification Parade: After making all effort, one can think liberally that there might be some loop-holes in the discussed law, and obviously it is like that.

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Test Identification Parade: A Critical Analysis In India Practice

test identification parade

The evidence against the accused must be evidence given by the identifier in the Court. Sanjay Thakran, 2007 3 S. In Hare Kishan Singh v State of Bihar, AIR 1988 SC 863 it was held by the Supreme Court that where one of the witnesses failed to identify the accused at the identification parade, identification by him of the accused in the court was useless. This test is done by the magistrate in the absence of interference by police. As for instance, the Apex Court in State Delhi Administration v VC Shukla AIR 1980 SC 1382 at p.

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