WHO CAN HOLD IDENTIFICATION PARADE:    RULES AND PROCEDURE FOR CONDUCTING IDENTIFICATION PARADE:

OPENING NOTE:

“Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant facts happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.”

The evidence of test identification is admissible under Article 22 of the Qanun-e-Shahadat Order, 1984 (Q.S.O. 1984). The identification parade belongs to the stage of police investigation, and the necessity for holding an identification parade arises only when the accused persons are not previously known to the witnesses. The whole idea behind a test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are asked to identify them from among a group of persons without any aid or external input.

CONCERNED PROVISIONS AND LAW:

• Article 22 of Q.S.O. 1984

• Police Rules 1934, Rule 26.32

• Lahore High Court Rules, Volume III, Chapter II-C

PURPOSE OF IDENTIFICATION PARADE:

Identification parades are held for two main purposes:

1. To establish the identity of the culprit.

2. To pinpoint the role played by him in the commission of the offence.

WHO CAN HOLD IDENTIFICATION PARADE?

a) By Magistrate:
The proceedings should ideally be conducted by a Magistrate.

b) By Sarpanch:
If no Magistrate is available, the Sarpanch may conduct the parade. He may summon one or two independent and literate persons not interested in the case to assist and certify that the identification has been conducted under conditions that preclude collusion.

• Before requesting the Sarpanch, the police must ensure he understands the procedure.

• Every effort should be made to secure the presence of a Magistrate; the Sarpanch should be a last resort.

c) By Lambardar:
In the absence of a Sarpanch, a Lambardar may be invited to conduct the proceedings.

Note: These proceedings are extra-judicial and must not be conducted by any police officer.

RULES AND PROCEDURE FOR CONDUCTING IDENTIFICATION PARADE:

(Punjab Police Rules 1934, Rule No. 26.30 & 26.32)

1. Suspect informed at arrest:
   Suspects should be informed about the identification parade at the time of arrest so they may take precautions like covering their faces.

2. Note in remand papers:
   The Magistrate should note in the remand papers that the suspects took such precautions to eliminate any later objections.

3. Conducted by proper authority:
   Proceedings should be conducted by a Magistrate, or in their absence, a Sarpanch or Lambardar.

4. Witnesses kept separate:
   Witnesses must be kept separate and at a distance from suspects or any others involved in the process until they are called.

5. Held promptly:
   The parade should be conducted as soon as possible after the suspect’s arrest.

6. Placement with similar individuals:
   Suspects must be placed with 8 or 9 similarly dressed individuals of the same religion and social status.

7. Separate presentation of witnesses:
   Each identifying witness must be brought up separately to make their identification.

8. Independent observer:
   Where possible, an independent, reliable person not connected with the police should be present to prevent collusion.

9. Fair opportunity:
   Witnesses must be given a fair opportunity to make the identification without imposing unnecessary restrictions.

10. Witness isolation maintained:
    Remaining witnesses must still be kept out of sight and hearing of the suspects.

11. Record of proceedings:
    The results of the identification should be recorded in Form 26.32(1)(c), including:

• Date and place of identification

• Name of witness

• Name of identified suspect

• Description of procedures followed

• Signature of conducting officer

1. Final report signed:
   At the conclusion, the Magistrate/Sarpanch/Lambardar and any independent witnesses must sign the form and certify the absence of collusion.

2. No police access during proceedings:
   Once arrangements are in place, no police officer should have access to the suspects or witnesses.

EVIDENTIARY VALUE:

Identification parades do not constitute substantive evidence. Their main purpose is to assist the investigation and confirm that it is proceeding correctly.
The results of a parade can be used only as corroborative evidence in support of a statement made in court, not as standalone proof.

CONCLUSION:

Test identification parades are an essential tool in the criminal justice system, especially when the accused is not previously known to the witnesses. However, such parades must be conducted in a fair, transparent, and lawful manner to prevent miscarriages of justice. While they do not have independent evidentiary value, they play a critical role in guiding the investigation and assisting the court during trial. Ensuring adherence to the prescribed rules and maintaining the integrity of the process is crucial to safeguarding the rights of the accused as well as the interests of justice.