Identification Parade|

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#identification #of #persona & #identification #of #things
Identification of person
Identification Parade is also knowns as “#shanakht #parade . This concept is discussed in Article 22 of QSO 1984. Neither the term Identification Parade is mentioned nor it is defined in QSO 1984.
Identification is a part of investigation by the police.
Some people mix the Identification of Person and Identification Parade. Therefore, it is necessary to understand the difference between Identification of person and Test Identification Parade
Identification of person may be done in civil or criminal cases; however, TIP is only done is criminal cases.
Identification Parade is to line up people, who stand next to each other while someone tries to identify one of them as the person who has committed a crime.
Placing the suspect in a line up with dummies for identification.
Relevant Laws
• Article 22 of QSO 1984
• Lahore High Court Rules Volume 03 Chapter 11 Part C
Object/Purpose of Identification Parade
• Whether Witness can identify the Culprit
• Satisfaction of the Investigation Agencies to charge the real culprit
• Satisfaction of Court to Punish the real culprit
When TIP is necessary
It is also not a legal requirement as it is not mandatory or compulsory in each and every case.
• Absence of TIP is not fatal in all cases, it varies from case to case
• Where accused is not named in FIR
• Where prosecution case is dependent upon the identification of accused
• If witness previously didn’t know the accused, and gets momentary glimpses and claims that, he may identify on
When TIP is not necessary
When witnesses know the accused person or have no doubts in their mind to identify the accused
IP would be immaterial if identification of accused may be proved by convincing evidence.
Evidentiary Value of TIP
It is mentioned by the apex court many times, that TIP is not a substantive piece of evidence, it is just Corroborative evidence.
When it should be conducted?
It should be held as early as possible,
Delayed Identification
IP must be held as early as possible after the arrest of accused as the memory of human being fades with the lapse of time.
Where it should be conducted?
It should not be conducted in Police stations, in the jail premises
Who Conducts TIP?
Magistrate Class -I
Procedure of TIP
If IO considers it necessary to conduct TIP, He shall forward the request to Magistrate Class -I, upon this a day and venue will be decided. On the day, a line of 9-10 dummies persons will be arranged. The physical structure of dummies should not be invariable. Witnesses (identifiers) should not see and communicate with accused and dummies before TIP. Only one witness should at one time. Further, if there are more than one accused, role must be attributed.
Inadmissibility
Identifying witness states that suspects were in covered face
Witness makes a hesitating identification
When no role has been attributed to the accused person
Identification of Thing
When police recover articles from the accused, they are required to be identified by the person who claimed to be its owner.
For example, in a robbed or theft case, when police recover the articles, it is necessary to mix the recovered articles with other similar articles for the identification purpose.
Unidentifiable Things
Currency notes, broken ornaments