Supreme Court: How to appreciate evidence if victim has not identified accused before court and name of accused was not mentioned in FIR?

Secondly, and more importantly, there is a fatal

flaw in the prosecution case on account of the failure

to get identification of the accused done by the victim

during her deposition before the trial Court. {Para 53}

54. We feel that the presiding officer of the trial

Court as well as the Public Prosecutor were equally

responsible for this fatal omission. The significance

of this omission is further amplified by the fact that

the accused was not named in the FIR; the victim

categorically stated that the police had disclosed his

name to her and; the prosecution merely relied upon

the TIP to establish the identity of the accused.

55. The prosecution case thus suffers from serious

infirmities regarding the identification of the accused;

grave contradiction between the medical evidence

pertaining to the age of the injuries and the alleged

time of the incident as set out in the FIR and the

depositions of the prosecution witnesses.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 135 OF 2026

DHANRAJ  Vs STATE OF RAJASTHAN 

Author: Mehta, J.

Dated: SEPTEMBER 07, 2026.

Citation: 2026 INSC 958.

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Omission To Conduct TIP Of Recovered Articles Material When Case Is Based Solely On Recoveries: Supreme Court Acquits Murder Convict

Furthermore, another very crucial missing link in the prosecution case that it failed to conduct the Test Identification Parade(TIP) of the recovered articles, thereby, bringing the identification of the material objects in Court for the first time, is under a cloud of doubt. It is a case of sheer negligence and dereliction of duty on the part of the Investigating Agency and the Public Prosecutor for not conducting Test Identification Parade(TIP). This Court shed light on the purpose of Test Identification Parade(TIP) in Ramkishan Mithanlal Sharma v. State of Bombay MANU/SC/0044/1954 : (1954) 2 SCC 516, wherein it held as follows:

20. ... These parades are held by the police in the course of their investigation for the purpose of enabling witnesses to identify the properties which are the subject-matter of the offence or to identify the persons who are concerned in the offence. ...the identifying witnesses are explained the purpose of holding these parades and are asked to identify the properties which are the subject-matter of the offence or the persons who are concerned in the offence. {Para 22}

(emphasis supplied)

23. This Court has further noted the significance of Test Identification Parade(TIP) in Munna Kumar Upadhyay alias Munna Upadhyaya v. State of Andhra Pradesh through Public Prosecutor, Hyderabad, Andhra Pradesh   MANU/SC/0524/2012 : (2012) 6 SCC 174, wherein it was held:

66. There was some delay in holding the identification parade. But the delay per se cannot be fatal to the validity of holding an identification parade, in all cases, without exception. The purpose of the identification parade is to provide corroborative evidence and is more confirmatory in its nature. ...........

(emphasis supplied)

24. Therefore, this material omission on part of the Investigating Officer(PW-27) in not conducting a Test Identification Parade(TIP) of the recovered articles, more particularly when the case of prosecution is based solely upon recoveries of these articles, has created holes in the fabric of the prosecution story, which are impossible to mend.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 649 of 2013 

Decided On: 22.01.2025

Thammaraya and Ors. Vs. The State of Karnataka 

Hon'ble Judges/Coram:

Vikram Nath, , Sanjay Karol,  and Sandeep Mehta, , JJ.

Author: Sandeep Mehta, J.

Citation: MANU/SC/0110/2025.

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Supreme Court:Dock identification without prior TIP is weak/unreliable, especially when the accused were strangers and the witness had not earlier described their identifying features

 Demistalkumar(PW-12) was also made to identify the Accused persons in the dock, but that is another story which we shall consider at a later stage. The witness identified the Accused Appellants as the offenders. However, we find that the lame attempt by PW-12 to make dock identification of the Accused in his deposition recorded after nearly two and a half years of the incident is absolutely flimsy and unacceptable. The witness had not given out either the names or the description of the features of the Accused in his police statement and thus, if at all, the prosecution was desirous of getting the Accused identified at the hands of this witness, then he should have been made to identify the Accused persons in a Test Identification Parade during the investigation. Thus, the identification of the Accused by Demistalkumar(PW-12) for the first time in the dock is totally unbelievable and unacceptable.

{Para 23}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2828-2829 of 2023 and 112 of 2024

Decided On: 08.08.2024

Allarakha Habib Memon and Ors. Vs. State of Gujarat

Hon'ble Judges/Coram:

B.R. Gavai and Sandeep Mehta, JJ.

Author: Sandeep Mehta, J.

Citation:  MANU/SC/0856/2024.

Read full judgment here: Click here.

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Supreme Court: 'Dock Identification Without Test Identification Parade Unreliable When Witness Had No Familiarity With Accused'

 Both PW-3 and PW-4 thus identified the Appellants for the first time in court. No TIP was conducted, even though PW-3 admitted he had never known the Accused earlier. It is well settled that dock identification without a prior TIP has little evidentiary value where the witness had no prior familiarity with the Accused. In P. Sasikumar v. State   MANU/SC/0569/2024 : 2024:INSC:474 : (2024) 8 SCC 600, this Court acquitted the Accused on precisely this ground. {Para 41}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 715 of 2018

Decided On: 06.10.2025

Nazim and Ors. Vs. The State of Uttarakhand

Hon'ble Judges/Coram:

M.M. Sundresh and S.C. Sharma, JJ.

Author: S.C. Sharma, J.

Citation: MANU/SC/1365/2025.

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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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Appreciating Test Identification Parade Evidence and Precautions for Executive Magistrates

 Key Takeaway:

Test Identification Parade (“TIP”) evidence is confirmatory and not substantive; it serves to corroborate in-court identification. Its value depends entirely on strict adherence to procedural safeguards by the executive magistrate. Failure to call the magistrate as a witness or to observe precautions may render TIP evidence inadmissible or unreliable.

1. TIP Evidence: Substantive vs. Corroborative

Under Indian law, identification of accused before the court is substantive evidence, whereas identification at a TIP is only corroborative. The Supreme Court in Venkata Reddy v. State of Andhra Pradesh held that:

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Supreme court: Confession Recorded By Medical Officer When Accused Were Presented By Police Officers Inadmissible As Evidence

The trial Court as well as the High Court, placed extensive reliance on the confessions of the Accused Appellants Mohmedfaruk @ Palak Safibhai Memon and Amin @ Lalo recorded by the Medical Officer, Dr. Arvindbhai(PW-2) while preparing the injury reports of the Accused. {Para 40}

41. We find that these so-called confessions are ex-facie inadmissible in evidence for the simple reason that the Accused persons were presented at the hospital by the police officers after having been arrested in the present case. As such, the notings made by the Medical Officer, Dr. Arvindbhai(PW-2) in the injury reports of Mohmedfaruk @ Palak and Amin @ Lalo would be clearly hit by Section 26 of the Indian Evidence Act, 1872(hereinafter being referred to as 'Evidence Act'). As a consequence, we are not inclined to accept the said admissions of the Accused as incriminating pieces of evidence relevant Under Section 21 of the Evidence Act. 

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2828-2829 of 2023 and 112 of 2024

Decided On: 08.08.2024

Allarakha Habib Memon and Ors. Vs. State of Gujarat

Hon'ble Judges/Coram:

B.R. Gavai and Sandeep Mehta, JJ.

Author: Sandeep Mehta, J.

Citation:  MANU/SC/0856/2024.

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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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Supreme court: Police Presence During Test Identification Makes Statements By Identifiers Fall Within The Ban Of Section 162 CrPC

To establish the presence of Chunthuram at the

place of incident, the Courts relied on the Test

Identification Parade and the testimony of Filim Sai

(PW-3). The Test Identification evidence is not

substantive piece of evidence but can only be used, in

corroboration of statements in Court. The ratio in

Musheer Khan vs. State of Madhya Pradesh 

 (2010) 2 SCC 748 will have a

bearing on this issue where Justice A.K. Ganguly,

writing for the Division Bench succinctly summarised

the legal position as follows:

“24. It may be pointed out that

identification test is not substantive

evidence. Such tests are meant for the

purpose of helping the investigating agency

with an assurance that their progress with

the investigation into the offence is

proceeding on right lines.

10. The infirmities in the conduct of the Test

Identification Parade would next bear scrutiny. The

major flaw in the exercise here was the presence of the

police during the exercise. When the identifications

are held in police presence, the resultant

communications tantamount to statements made by the

identifiers to a police officer in course of

investigation and they fall within the ban of section

162 of the Code. (See Ramkishan Mithanlal Sharma vs.

The State of Bombay) (1955) 1 SCR 903

 [REPORTABLE]

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No.1392 of 2011

Chunthuram Vs State of Chhattisgarh 

Dated: OCTOBER 29, 2020

Author: Hrishikesh Roy, J.

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Questions and answers on law -part 9

1)Whether a guardian can accompany the victim girl while conducting Test Identification parade relating to the offence under POCSO Act.?

Ans :-Delhi High court Guidelines for test identification parade of accused by child witness

The child witness shall be entitled to accompany his parents/guardians or any of his close relatives so as to make the child comfortable before participating for identifying the accused in the Test Identification Parade.

IN THE HIGH COURT OF DELHI

Crl. A. 513/1998

Decided On: 30.05.2014

Rakesh Kumar  Vs.  State

Hon'ble Judges/Coram:

Kailash Gambhir and Sunita Gupta, JJ.

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Delhi High court Guidelines for test identification parade of accused by child witness

In the above circumstances and with a view to provide friendly congenial and conducive atmosphere to the child witness, below 12 years of age, we direct the Director General (Prisons) to undertake the following measures:-

a) In every case where witness is a child below the age of 12 years TIP proceedings shall be held in one of the court rooms attached with the main Tihar Jail so that the child does not enter the main Jail Complex to reach the Test Identification Parade room.

b) Installation of semi reflective screen or any other screen or mechanism in a room where TIP proceedings will be conducted so that the child witness is not confronted face to face with the criminals participating in the TIP proceedings.

c) A person accused of the offence and the others who may be participating in the TIP will be explained the procedure and the manner of TIP proceedings to be held in a case of child witness.

d) No officer below the rank of Deputy Superintendent of Jail shall accompany the child witness at the time of TIP proceedings and endeavour shall also be made by the Jail Superintendent that, so far as possible only female officer is deployed wherever witness happens to be a girl child for the purposes of identifying the accused person.

e) No police official shall be seen in a uniform right from the stage when the child enters the TIP Room and till he/she leaves the premises after the completion of TIP proceedings. The child witness shall be entitled to accompany his parents/guardians or any of his close relatives so as to make the child comfortable before participating for identifying the accused in the Test Identification Parade.

f) Endeavour shall be made by Director General (Prisons)/Jail Superintendent that a lady officer who is more humane, sensitive and compassionate is given duty to accompany the child witness.

g) The child friendly atmosphere will be created in a room where the child is brought first and the stay of the child will be made most comfortable so that the child finds the place to be attractive and conducive to his/her requirements.

h) Necessary arrangements for light refreshment to the general liking of children below the age of 12 years shall also remain in place to keep the mood of the child upbeat.

IN THE HIGH COURT OF DELHI

Crl. A. 513/1998

Decided On: 30.05.2014

Rakesh Kumar  Vs.  State

Hon'ble Judges/Coram:

Kailash Gambhir and Sunita Gupta, JJ.

Citation: 2014 SCCONLINE 3387,MANU/DE/1387/2014

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Whether court can direct Identification parade of accused who is released on bail?

learned Advocate for the petitioner, has put forward a second line of argument that the very object of the test identification parade will be frustrated because the petitioner is on bail and on several occasions he was pointed out to the witnesses. This is however a matter of evidence and may affect the probative value of the test identification parade. At this stage the points appear to be Premature. This objection does not stand in the way of holding the test identification parade.
 On an anxious consideration of Article 20(3) of the Constitution I am of opinion that a Magistrate's order directing the petitioner to appear in a test identification parade is not ultra vires the Constitution.

Calcutta High Court

Peare Lal Show vs The State on 11 May, 1960

Citations: AIR 1961 Cal 531, 1961 CriLJ 462

Bench: J Mitter, Bhattacharya

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