Wednesday, 9 January 2019

IDENTIFICATION PARADE

" IDENTIFICATION PARADE"
(procedure for identification parade)

Holding Of Identification Parade.
High Court Rules & Orders Volume III. Chapter 11-G. Part-C.
Paragraph No. 26.32. Chapter XXVI. Police Rules, 1934.
IMPORTANT FEATURES
1) The proceedings shall be conducted under the supervision of a Magistrate.
2) Proceedings shall be held inside the jail.
3) Identification shall be carried as soon as possible after the arrest of suspect.
4) Once the arrangements for proceedings have been undertaken, the Officer investigating the case and any Police Officer assisting him in that investigation should have no access whatever either to the suspect or to the witnesses.
5) List of all persons included in identification should be prepared, which should contain their
• Name
• Parentage
• Address and
• Occupation
• The suspects shall be placed among other persons
• Similarly dressed
• Of the same religion and
• Of same social status
• Proportion of 8 or 9 such persons to one suspect.
The identifying witnesses shall be kept separate:
The identifying witnesses shall be kept separate from each other and at such a distance from the place of identification as shall render it impossible for them to see the suspects or any of the persons concerned in the proceedings, until they are called upon to make identification out of sight and hearing and that no opportunity is permitted for communication to pass between witnesses who have been called up and those who have not.
 any statement made by a witness before making identifiEach witness shall be brought up separately to attempt his identification. Care shall be taken that the remaining witnesses are still kept caution
 If it is desired through fear of revenge or
 for other adequate reasons, that witnesses shall not be seen by the suspects,
 Arrangements shall be made for the former, when called up stand behind a screen or be otherwise places so that they can see clearly without being seen.
Who has to supervise identification Parade
1. Area Magistrate
2. Special Judicial Magistrate
3. As per Direction of Sessions Judge
4. General Nomination By Sessions Judge
Different Steps for Identification Parade
1. Written Request for Identification: On arrest of suspect/accused Investigating Officer shall produce him before a Magistrate with a written request to send him to judicial as his identification parade has to be made.
2. Order to Sent Jail: On receipt of application Magistrate shall pass an order for sending accused to jail
3. No Next Date for Production: It must be noted that as it is a remand for collection of evidence so there should be no next date for production of accused before the Magistrate unless identification parade takes place.
4. Muffled Face: Whether suspect/accused has been produced with muffled face or not. Direction to Investigating Officer (in case accused is not muffled face), to cover the face of accused and to lodge him in Jail in said condition so he may not be exposed before anyone.
5. Request By I.O: Once suspect/accused is sent to judicial lock-up, Investigating Officer shall make a request directly to the Magistrate or through Sessions Judge for fixing a date of identification parade.
6. Fixing the date of Identification: Magistrate shall fix a date as nearly as possible for identification parade and shall direct Investigating Officer to produce all relevant witnesses on the said date and time in jail
7. OPTIONAL Before next date a request by an Investigating Officer for adjournment of identification parade. In this eventuality Magistrate has power to adjourn proceedings but not for a shortest possible period.
8. After identification parade has taken place an independent request has to be made for production of accused in court for remand or discharge as the case may be.
Identification on Request of Accused
 In cases where identification of accused is disputed and is a matter of importance, the request of an accused for an identification parade should not be refused.
 Such a request should not also be rejected merely because it is regarded as measure to create delay, as it should be possible to arrange an identification parade without delay.

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