Test Identification Parade in Criminal Trials: Evidence Appreciation, Judicial Safeguards & Case-Law Analysis

 Introduction

In criminal trials involving offences such as dacoity and robbery, identification of the accused by the victims or witnesses is often the linchpin of the prosecution’s case. The Test Identification Parade (TIP)—a procedure whereby witnesses identify suspects in a line-up prior to trial—is a critical investigative tool that can make or break the prosecution’s narrative. Yet, its evidentiary value and reliability have repeatedly come under judicial scrutiny, especially when procedural lapses occur, such as the non-examination of the executive magistrate who conducted the parade.

This article offers a comprehensive analysis of TIP’s legal status, evidentiary nuances, mandatory precautions, and recent trends in Supreme Court and Bombay High Court jurisprudence. It is designed as a reference for judges, advocates, and executive magistrates handling identification evidence in serious crime cases.

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Whether the court can permit test identification parade of seized property after it was released on Supratnama?

 It has been submitted that briefly the allegations are that the Contractor/consigners-Jai Mata Di Logistics Pvt. Ltd. was carrying the gold, diamond and silver articles and a robbery was conducted. During the course of the investigations, recovery was effected. Pursuant to the recovery been effected an application was moved by Sh. Sunil Kumar, Proprietor of Jai Mata Di Logistics Pvt. Ltd for release of the articles. The State gave its no objections on the basis of which learned ACMM-01 vide order dated 13th September, 2022 ordered for release of the articles subject to certain conditions as contained in order dated 13th September, 2022. {Para 3}

4. On 30th September, 2022, the State moved an application for conducting TIP of the case property. This application was rejected by the learned MM inter alia on the ground that once the articles have been ordered to be released to the person who was in lawful custody of the articles, there is no reason whatsoever for identification of the articles.

11. The judicial TIPs are conducted under Section 9 of the Indian Evidence Act, 1872. It is a settled proposition that the TIP is not a substantive piece of evidence and it is only a relevant fact which is taken into the account during the appreciation of the evidence.

12. This Court is of the considered opinion that investigating agency, unless found to have committed some illegality should be given a free hand for the purpose of conducting the investigation. Investigating officers or their supervisory officers are expected to take the best decision for the purpose of ensuring that the guilty persons are brought to the book and justice is dispensed to the complainant.

13. Perusal of the order of the learned MM dated 30th September, 2022 indicates that even learned MM was of the view that the application for TIP should have been moved earlier. This might have been a slip on the part of the IO but for this the right of the investigating officer to get the TIP conducted cannot be taken away.

14. Thus, I consider that the order of the learned MM and learned ASJ denying the right to conduct the TIP is not in accordance with law. Hence, the order dated 30th September, 2022, 21st November, 2022 and 26th November, 2022 are bound to be set aside, however the order dated 13th September, 2022 is to be given effect immediately without any further delay.

 IN THE HIGH COURT OF DELHI

Crl. M.C. No. 6494/2022 and CM Appl. 25282/2022

Decided On: 02.12.2022

State (NCT of Delhi)  Vs.  Sunil Kumar

Hon'ble Judges/Coram:

Dinesh Kumar Sharma, J.

Citation: MANU/DE/4940/2022

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