What is the Test identification Parade of the accused and its evidentiary value? Discuss with reference to relevant provisions of Criminal Procedure Code, 1973, and Indian Evidence Act, 1872.

Question: What is the Test identification Parade of the accused and its evidentiary value? Discuss with reference to relevant provisions of Criminal Procedure Code, 1973, and Indian Evidence Act, 1872. [U.P.H.J.S. 2018]

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Answer

Test identification parade is used as a means to examine the truthfulness of the witness and his ability to identify unknown persons. The test is generally not necessary to identify the accused if all the witness knows the accused and can recognize the accused in moonlight and lantern. 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value of test identification parade is absolute and its use of test of identification parade as substantial evidence is obsolete, the test identification has only corroborative value as evidence.

Section 99 of the Indian Evidence Act allows the identification of the accused as well as the proofs admissible in the courtroom though there is the absence of the compulsory process of sending the suspected for an identification parade, in order to facilitate such process, section 54A of Code of Criminal Procedure granted the process to send the suspected for a test identification parade.

Section 54A, CrPC allows the person suspected to be sent for a test identification parade when the appropriate court has the right to send the person to be a subject of test identification parade by directing the person itself or the police officer to take the procedure required.

The idea of the parade is to test the veracity of the witness on the question of his capability to identify, from among several persons made to stand in a queue, an unknown person whom the witness had seen at the time of the occurrence. It is only an aid to investigation. The practice is not borne out of procedure but out of prudence. The purpose is to test and strengthen the substantive evidence of the witness in court. Such evidence is used for corroboration.

Therefore, the parade conducted at the investigation cannot be considered as important substantial evidence, and also conviction can be founded on the sole reason of test identification parade, the witness identification in the court is required in order to convict. And the same person identifying in the parade if identified in court as well, it doesn’t really change any extra value.

The principles governing Test Identification Parade (TI parade) have been succinctly summed up by P Sathasivam J. (as His Lordship then was) in the case of Mulla v. State of UP, (2010) 3 SCC 508 in following words:

“The identification parades are not primarily meant for the court. They are meant for investigation purposes. The object of conducting a test identification parade is twofold. The first is to enable the witnesses to satisfy themselves that the accused whom they suspect is really the one who was seen by them in connection with the commission of the crime. The second is to satisfy the investigating authorities that the suspect is the real person whom the witnesses had seen in connection with the said occurrence. Therefore, the following principles regarding identification parade emerge-

a) an identification parade ideally must be conducted as soon as possible to avoid any mistake on the part of witnesses;
b)this condition can be revoked if a proper explanation justifying the delay is provided; and
c) the authorities must make sure that the delay does not result in the exposure of the accused which may lead to mistakes on the part of the witnesses”.

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