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    Thursday, 30 April 2015

    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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    Item Reviewed: Identification Parade and its evidentiary Value Rating: 5 Reviewed By: Usman Ali
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