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IDENTIFICATION PARADE IN THE LIGHT

OF QANOON E SHAHADAT AND


HIGHCOURT RULES AND ORDERS
1.Introduction:
An examination conducted by the magistrate during the course of investigation,
for the purpose of identifying a culprit through victom or witness is identification
parade.Identification parade is a technical procedure in which a criminal suspect and other
similar persons are shown to the witness in order to find the actual culprit, and to launch a
prosecution against him.The identification parades are held by the police in the course of
investigation for the purpose of enabling witnesses, to identify the property which is the
subject matter of the offence or to identify the culprits, who had made good their escape
and were not caught on the spot . in the case of identification of the accused, he is mixed -
up with several other persons and the witness is required to pick-out the person, whom he
claims to have seen in the commission of the offence or crime.
Identification proceedings are facts which estaclish the identity of the accused persons and
are themselves relevant. but evidence of identification parade is only relevant if it is
conducted in-accordance with the requirements of article (22) of qanoon-e-shahadat
order,it must be remembered that holding of identification parade is not a requirement of
law but only one of the methods to test the veracity of the evidence of an eye -witness who
has had an occasion to see the accused and claims to identify him.

2. Relevant Provision:
(a)Article 22 of Qanun-e-Shahadat order 1984.
(b)Article 26 to 32 of police rules.
(c)Highcourt.

3. Meaning:
Identification Parade is identification of stranger offender, who is not previously known
to the witness.
(i)Literal Meaning:
Literally identification means “proof of identity”and parade cannotes “procedure in which
it is done.”

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(ii)Technicalmeaning:
“the proving that a person ,subject or article before the court is the very same that he or
it is alleged,charged or reputed to be”

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.Necessity of holding Identification Parade:


It was observed in the following case

MEHTAB SINGH VS STATE OF MADHYA PRADESH


That necessity for holding an identification parade arises only when the accussed are not
previously known to the witness.

8.Object of Identification Parade:


The object behind the identification proceeding is to find-out whether the suspect
(accused) is the real offender or not. sole purpose of identification is to ensure that an innocent
person, either deliberately or by mistake is not involved. although, identification is not legal
requirement, however, when necessary, it is the duty of court to examine that all possible steps
were taken for holding fair identification parade and the witnesses at their own correctly
picked-up the culprits.An identification parade, if it has to have any value must be held by a
magistrate and in the absence of police.

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09.Relevency and Evedentiary value of Identification
Parade:
In cases, where the offenders are not caught at the spot, the names of the culprits are
not found in the first information report, and they are caught after some time, the
identification parade is held and often the fate of the prosecution case depends upon the
satisfactory character of identification proceedings in such cases.

Identification test of accused person cannot as a rule form sufficient basis for conviction, yet
can necessarily be used in support of other evidence against them.

The fact of identification in a parade by itself not substantive evidence but is admissible under
article 22, and provides strong corroboration to the identification made in court.

10. 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.
M.AKRAM VS STATE 2011 SCMR 877

It is essential when the witness has mandatory glimse of the acussed and claims that he can
identify him.
ABDULLAH VS STATE 2010 YLR 126
It is essential in all cases where an accussed is not named in that FIR.

11. Scope of Identification Parade:


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

12.Procedure for holding identification parade:


1) An Executive Magistrate/ Honorary Magistrate if called upon for the purpose of
holding identification parade he should remember that he will be the full and sold charge of the
entire proceedings.

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2) He should first acquaint himself with the fact of the case and found out who is to be put in
the parade for identification and who are the witnesses to be called up for identification.

3) Two Independent respectable person, not connect with the police should be called. The
Executive Magistrate/ Honorary Magistrate will question them and satisfy himself that they are
independent and fairly intelligent persons.

4) The parade should then be arranged in a room or place which is such that the identifying
witnesses, as well as the persons connected with the police, should not be able to look into it.

5) If there is only one accused person to be identified, there should be at least half a dozen
persons placed in the parade. If two accused person are to be identified, then there should be
about 10 or 12 persons in the parade. The Executive Magistrate/ Honorary Magistrate should
see that they are persons of more or less the same physical appearance and approximately of
the same age, as the persons to be identified.

6) No person other than person in the parade, and the two respectable persons should be
allowed to remain in the room where the identification proceeding are being held. All Police
officers and constables should be asked to withdraw themselves completely from the room.
They should not be visible from the room or place where the parade is being held.

7) After the parade is arranged, one of the two respectable person should be sent up to bring
the accused from the lock-up. Case should be taken to see that when the accused is being
brought from the lock-up, the identifying witnesses do not have an opportunity of seeing him.
They should be kept in quite a different room, out of the sight of the lock-up.

8) The Executive Magistrate / Honorary Magistrate at this stage should commence to write
memorandum. It should include -

a) The place at which and the date on which, parade is being held and the time at which it was
commenced;

b) The name, a, occupations and full addresses of the two respectable persons;

c) the names and the approximate ages of the person standing in the parade, mentioning
clearly, one below the other, in numerical order their positions in the parade (which positions
they should not be allowed afterwards to alter)

d) The fact that no persons, other than those, in the parade and the two respectable persons,
were allowed
to remain in the room and that all Police officers and constables were asked to withdraw; and

e) That respectable person only to fetch the accused from the lock-up, and that identifying
witnesses were in a different room, so that they could not see him being brought from the lock-

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up to the identification room.

9) When the accused brought, the Executive Magistrate / Honorary Magistrate should ask him
to take whatever place he likes in the parade. The place which he select should be noted in the
memorandum.

10) The accused should then be asked if he wants to make any alterations in his dress. He may
change his cap or a coat or he may decide to put on or remove a cap or a coat. He should be
allowed to do this, and that fact should be noted in the memorandum
.
11) Then one of the respectable persons should be asked to bring first identifying witness from
the room in which he may be sitting. When the witness arrives, the Executive Magistrate /
Honorary Magistrate should questioning and ascertaining from him whether he had
opportunity to see the culprit at any time subsequent to the offense or after the arrest. The
witness then be asked to view the parade carefully and see whether he would be able to
identify the person. The identifying witness will then go up and look closely at the parade. If he
identifies any person he should be asked to go forward and touch that person, or to point him
from a near distance. The fact that the identifying witness identified the accused, should be
noted in the memorandum along with the name of the accused, and also note the fact if he
failed to identify him or identified wrong person.

12) This procedure should be followed for each subsequent identifying witness.

13) When all identifying witnesses are exhausted one after the other the memorandum should
be completed stating the time at which it was concluded. Then the memorandum should be
read over an explained to the respectable person in language which they understand.

14) After memorandum is completed Executive Magistrate / Honorary Magistrate should make
endorsement at the end.

15 He himself should also sign every sheet of the memorandum.

16) The memorandum should be handed over the police officer concerned.

17) The memorandum should be written in the language of the Court.

13. Rules relating to identification Parade:


Follow are the rules

(i) Time:
Identification parade should be conducted at the earliest possible time.

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(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
.
(X)Wrong or Objections:

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Magistrate must note down any wrong identification made by the witness,he also note
any objections raised by accussed to police during identification parade.

14.Precautions taken by the Magistrate:

(a)Witness do not see the person to be identified before the commencement of proceedings.

(b) No communication was made to witnesses which will facilitate the identification.

(c)when a witness has finished his identification he is not allowed to communicate with
witnesses waiting their turn.

(d)No marks suggest handcups are placed on accussed to facilitate their identification.

(e)Incase of more than one witness the identification parade I will be conducted separately.

(f)Incase of more than one accussed witness must specify the vary role played by them.

STATE VS TAJ MUHAMMAD PLD 2011 KARACHI 70


Picking up of an accussed without discribing his role in the crime is illegal,Identification parade
is null and void.

15. 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:

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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.

16.Types of Identification parade:


There are four types of identification procedure under the Code. These are designed
to test the witness’ ability to identify the suspect as the person they saw on a previous
occasion; and to provide safeguards against mistaken identification. These procedures relate to:

 Video identification

 Identification parade

 Group identification, and

 Confrontation

The Code requires that video identification should take priority (Code D Para 3.14). However, if
video identification is not practicable, or an identification parade is more practicable and suitable
than video identification, then an identification parade can instead take place. It is advisable for a
suspect to agree to such identification methods, otherwise their refusal may lead to adverse
inferences being drawn in court, and the police can use less favourable methods of identification
such as confrontation.

(i)Video Identification:
Video identification involves the witness being shown moving images of the suspect,
together with moving images of eight other people who resemble the suspect. The resemblance
should be in terms of age, general appearance and position in life. If the suspect has an unusual
physical feature such as a scar or tattoo which does not appear on the other people used in the
images, efforts should be made to conceal the location of the feature on the image of the suspect
or replicate the feature on the other people.

(ii)Identification parade:
An identification parade is where the witness sees the suspect in a line of others who
resemble identification parade should consist of at least eight people who resemble the suspect
in age, height, general appearance and position in life. Where the suspect has an unusual

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physical feature which cannot be replicated on other members of the parade, steps can be
taken to conceal the location of the feature on the suspect and the other members if the
suspect and his solicitor agree.

When the suspect is brought to the location of the identification parade, they will be asked if they
have any objections to the arrangements or the participants in the parade. The suspect can choose
their position in the line. Before a witness attends the identification parade, arrangements should
be made so that they cannot:

 Communicate with each other about the case

 See any member of the identification parade

 See or be reminded of any photograph or description of the suspect, and,

 See the suspect before or after the identification parade

A video recording or colour photograph must be taken of the identification parade.

(iii)Group Identification:
Group identification is where the witness sees the suspect in an informal group of people,
but outside of the controlled environment of police station identification, for instance, at a
railway station or shopping centre. The location chosen should be one where other people are
passing by or waiting informally – in groups – so that the suspect is able to join them and be seen
by the witness at the same time as others in the group.

Group identification can take place with or without the suspect’s consent.

(iv)Confrontation:
Confrontation can be used where none of the other options are available and must take
place in accordance with Code D. In this case, the witness is taken to the suspect and asked
whether the suspect is the person in question. The suspect’s consent is not required before this
can take place.

17.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

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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.

Prepared by(Malik Abdul Rehman)

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