Test Identification Parade
Ghanshyam Adv.
(Querist) 03 July 2009
This query is : Resolved
Whether test identification parade under section 9 of Evidence Act may be taken by any person in absence of Magistrate?
A V Vishal
(Expert) 03 July 2009
1) The role of the witness is very important in establishing the identity of the accused. One of the methods of establishing the identity is “ Test Identification Parade”. (It is required Under Section 9 of Indian Evidence Act). 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, an unknown person whom the witness had seen in the context of an offence.
Identification parades shall, as far as possible, be conducted by a Magistrate. If for any substantial reasons to be recorded in the case diary, the services of a competent Magistrate are not obtainable, the identification parade may be conducted by independent persons of the locality, not in any way connected with or concerned in the case. After making all arrangements for the parade, the Police Officers should completely efface themselves, leaving it to the Magistrate or the Panchayatdars to conduct the actual identification proceedings.
PALNITKAR V.V.
(Expert) 03 July 2009
Mr. Vishal is absolutely right. There is no provision which mandates that the test Identification parade should be held in presence of magistrate alone.
SANJAY DIXIT
(Expert) 03 July 2009
Yes, I do agree with the above views. The Identification Parade under section 9 of Evidence Act may be taken by any person in absence of Magistrate.
Dr. Harrit Jani
(Expert) 03 July 2009
Mr. Vishal is absolutely right. There is no provision which mandates that the test Identification parade should be held in presence of magistrate alone.
but if the concerned area police, & the officer incharge of the perticular case is going to held it, it can be cocedered. even in absence of the magistrate.
