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CHAPTER 11
Police

PART C -- IDENTIFICATION PARADES

Instructions issued by the Punjab Government regarding identification parades.-- The following instructions have been issued by the Punjab Government for the guidance of Magistrates in their conduct of identification parades (Punjab Government circular letter No. 6091-J-36/39829 (H-Judl.), dated the 19th December, 1936, to all District Magistrates in the Punjab):-

(1) List of all persons included in the parade should be prepared.-- The Magistrate in charge of an identification parade should prepare a list of all persons, including the accused, who form part of the parade. This list should contain the parentage, address and occupation of each member of the parade.

(2) Note about identification by witnesses.-- When any witness identifies a member of the parade, the Magistrate should note in what connection he is identified. A note should also be made if the witness identifies a person wrongly; in such a case it is incorrect to note that the witness identified nobody. All persons identified must be mentioned, whether the identification is right or wrong. If a witness, on being called for the purpose, states that he cannot make any identification, a note should be recorded by the Magistrate to this effect.

(3) Objection or statements by accused or identification witnesses to be recorded and power of Magistrate to decide objections.-- Should the accused make any complaint or statement it should be recorded by the Magistrate. If from his personal knowledge the Magistrate is able to decide beyond doubt that the complaint is false or futile, a note to this effect should be made, but in other cases it is advisable to leave any decision as to the value to be attached to the objection to the court trying the case. The Magistrate should also record any statement made by a witness before making an identification.

(4) Duty of Magistrate to record precautions taken and to note other points.-- The Magistrate should state-

(a) what precautions he has taken to ensure-

(i) that the witnesses do not see the person to be identified by them before the identification proceedings commence;

(ii) that no communication which would facilitate identification is made to any witness who is awaiting his turn to identify; and

(iii) that after making identification the witnesses do not communicate with other witnesses who have yet to do so;

(b) whether the person to be identified is handcuffed or is wearing fetters; and if so, whether or not other persons taking part in the parade are handcuffed or are wearing fetters, and also whether or not they are inmates of the Jail.

(5) Form of certificate to be appended by the Magistrate.- At the end the Magistrate should append a certificate in the following form:-

IDENTIFICATION PARADE

The State Versus (F.I.R. No. of 19 Police Station -----------)

Parade held on the---------------------19 in the-----------------jail by---------------Magistrate---------------Class----------------district for the identification of-----------------on the application of-------------------.

Names of the witness who are expected to identify the prisoner, with their particulars:-

1.

2.

3.

PROCEEDINGS OF THE MAGISTRATE

Certified that the above is a true and correct record of my proceedings.

(Seal) Sd/- (Magistrate) Class.

2. The following further instructions have been issued by the Punjab Government on the subject(Punjab Government circular letter No. 6546-J-43/83844 (H-Judl.) dated the 17th December 1943, to all District Magistrates in the Punjab:-

In cases where the identification of the 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. Again, a request to hold such a parade should not be refused on the ground that it is some considerable time since the witnesses last saw the accused and the accused may have changed in appearance in the meantime, and in such cases in his report on the parade the Magistrate can record when the witnesses did see the accused last.

3. A case has been brought to the notice of Government in which the Magistrate holding an identification parade allowed the accused and other members of the parade to be so dressed and "made up" with dark glasses, patches of paper, etc., that it was well nigh impossible for the witnesses to identify the accused. As an identification parade is a test of the identifying witness's ability to recognise the culprit by what he appeared to be at the time of the commission of the offence, it is fair both to the prosecution and the accused that the members of the parade should be presented in a normal state and, if possible, the dress of the parade should have resemblance to the accused as he appeared to the witness at the time of the commission of the offence. It should, therefore, be impressed upon the Magistrates in all districts to ensure, while conducting identification parades, that the members of the parade including the accused are not allowed "make up", are presented in a normal state and if possible the parade be dressed as the accused was reported to be by the witness at the time of the commission of the offence.

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