Test Identification Parade

Test Identification Parade in the light of Code of Criminal Procedure (crpc), High Court Rules, Police Rules, Police Order, QSO, and leading case law judgments

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When in any occurrence the culprit is not known to witnesses, and they allege that they can identify the accused, then there is a process in Law to identify such accused whenever he is arrested, this process is called Test Identification Parade.

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Test Identification Parade as Relevant Fact in Qanun-e-Shahadat Order, 1984

As for evidence, Article 22 of Qanun-e-Shahadat Order, 1984, is considerable for Test Identification Parade. This article deals with the facts necessary to explain or introduce a fact in issue or relevant fact to the extent such facts are relevant for that purpose. Qanun further states that every such thing is relevant which establishes the identity of a person whose identity is relevant. It is also notable that the words "Test Identification Parade" are never mentioned anywhere in Qanun.

Test Identification Parade in High Court Rules

Volume III of Lahore High Court Rules in Chapter 11 Part C deals well with Test Identification Parade, and by grasping the said Chapter, the following may be considered the prime notable heads on the topic:

Identification Parade shall be conducted by the Magistrate who shall prepare a list of all persons, including the accused.
He shall also record if the witness correctly or wrongly picks the accused.
The Magistrate is also duty-bound to record the statement or complaint of the accused, if any.
The Magistrate should also record the statement of the witness which he makes before him.
It is the duty of the Magistrate to record the note regarding precautions taken by him.
The Magistrate must ensure that witnesses are kept separate from the place of identification whenever they are waiting for their turn, and the same to keep witnesses separate who have gone through the parade from other awaiting witnesses.
The Magistrate should also note whether the accused was handcuffed or fettered, or not, and the same for dummies.

Test Identification Parade & Police Rules

By viewing Chapter 26, Rule 32, of Volume III of Police Rules, 1934, we can have a better understanding of Identification Parade, as this rule elaborates on the topic more than High Court Rules. This rule states the principles as already discussed in the light of high court rules. Additionally, this rule provides the following rules:

Identification Parade should be conducted in Jail premises.
Identification Parade shall be carried out as soon as possible after the arrest of the accused.
There must be 8 or 9 dummies with one suspect.
The result of the test shall also be recorded by the senior police officer present at the spot.
No cross-examination of witnesses in Identification proceeding.

Principles laid down in PLJ 2019 SC (Cr.C) 153

In a citation PLJ 2019 SC (Cr.C) 153, the following principles were elaborated, not in derogation but in addition to the discussed principles:

No Identification Parade at the police station.
The Magistrate must verify the period for which the accused remained in police custody.
There must be a separate Identification Parade for each accused.
The Magistrate must take intelligent interest.
The Magistrate must prepare a list and line-up of all dummies.
If the witness identifies correctly, the Magistrate must ask him about the role of the accused in the occurrence.
One accused in one parade; no joint Identification Parade.

Scientific Facts of Test Identification Parade

In a reported case cited as PLJ 2019 SC (Cr.C.) 383, the August Supreme Court of Pakistan well elaborates on the scientific facts regarding Identification Parade. These facts can be understood fairly in the following terms:

High level of stress is less likely to make a reliable Identification of the perpetrator.
During a crime, focus on the weapon can distract a witness.
The duration of time for which a witness had the opportunity to see the accused matters much more than any other thing. Lesser the time to observe, lesser the possibility to identify.
The distance between the witness and culprit, also availability or non-availability of light, on the crime spot, affects the chance of Identification.
Characteristics of the witness are also important, as age or state of intoxication or tender age are also important.
Characteristics of the accused are also important as time can change the outlook of the accused if much time has passed.
Memory decay is irreversible, as memories fade with time.

Evidentiary Value

As to value, Identification Parade is a weak type of evidence and can be used only as a corroborative piece of evidence. The conviction cannot be passed on the sole basis of Identification Parade. Identification Parade is considered as a rule of prudence and not as a rule of evidence.

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