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Checking relevance for Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra...

Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149 : If the accused is an unknown person to the witnesses, the investigating agency is obligated to conduct a test identification parade to enable the witnesses to identify the alleged offender. Failure to hold such a parade, especially with unexplained delay, can result in the benefit of doubt being granted to the accused.Checking relevance for Mulla VS State of U. P. ...

Mulla VS State of U. P. - 2010 1 Supreme 606 : A test identification parade is required when the accused persons are not previously known to the witnesses; its purpose is to enable such witnesses to identify the unknown culprits from a line‑up without any aid.Checking relevance for Acharaparambath Pradeepan VS State of Kerala...

Acharaparambath Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 454 : When the accused are not known to the witnesses, the prosecution is obligated to conduct a Test Identification Parade and must ensure it is properly conducted.Checking relevance for Pradeepan VS State of Kerala ...

Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 774 : The document states that when the accused are not known to the witnesses, it is obligatory on the prosecution to conduct a Test Identification Parade and to establish that the identification was carried out properly.Checking relevance for Pramod Mandal VS State Of Bihar...

Pramod Mandal VS State Of Bihar - 2004 7 Supreme 156 : The courts have held that there is no provision in the Code of Criminal Procedure that obliges the investigating agency to conduct a test identification parade even when the accused are unknown persons; failure to hold such a parade does not make the identification evidence inadmissible, though it may be used to corroborate testimony.

AI Overview...

Test Identification Parade Conducted Properly and Promptly - Multiple sources confirm that when conducted according to law, TIP serves as a valuable corroborative tool in identifying accused persons, especially strangers. For instance, ["Shyam Kumar S/o Krit Kumar Barman VS State of Chhattisgarh - Chhattisgarh"] states that the parade was conducted immediately on 04.10.2012 after the incident on 25.09.2012, with PW-7 (Sitaram Hardale) and PW-8 (M.R. Dhruve) supporting its validity. Similarly, ["Kuruva Sreenivasulu, Kurnool Dist. VS SHO, Ullindakonda P. S. - Andhra Pradesh"] notes that the parade was conducted in accordance with prescribed procedures, emphasizing that there's no fixed time limit but delays can weaken credibility.
Delay and Irregularity in Conducting TIP Diminish Evidentiary Value - Several cases highlight that delays or improper procedures undermine the reliability of TIP. ["Kuruva Sreenivasulu, Kurnool Dist. VS SHO, Ullindakonda P. S. - Andhra Pradesh"] mentions a parade conducted after two years, raising doubts about its trustworthiness. ["State Of Gujarat vs Melaji Alias Shailesh Alias Dago Manaji Thakor - Gujarat"] criticizes procedures where suspects were not matched for age, physique, or appearance, thus questioning the parade’s legality. ["Arvind Kumar Verma @ Bittu VS State of Jharkhand - Jharkhand"] points out that a six-month delay makes identification suspect, and ["Satish Kumar Bhagat vs The State of Bihar - Patna"] notes that no parade was conducted in some cases, rendering subsequent identifications less credible.
Identification of Strangers Requires Proper Procedures - When accused are strangers, courts stress the importance of proper matching of physical attributes and correct conduct of TIP. ["State Of Gujarat vs Melaji Alias Shailesh Alias Dago Manaji Thakor - Gujarat"] states that persons of similar age, colour, complexion, height and physique should be selected, but in some instances, this was not followed, weakening identification. ["Kalloo VS State of U. P. - Allahabad"] emphasizes that a faulty parade, such as one with less than 50% recognition, is unreliable.
Court Reliance on Court-Recorded Identification Over TIP - Courts often accept in-court identification as substantive evidence, especially if TIP was improperly conducted or delayed. ["Baikuntha Bhoi VS State of Odisha - Crimes"] notes that identification in court by a witness is substantive and that TIP is primarily corroborative. ["Kallu Verma @ Arvind vs State of U.P. - Allahabad"] states that the identification of an accused in court by a witness... is a matter for the courts of fact to examine, especially if TIP procedures were flawed.
Test Identification Parade as a Rule of Prudence, Not Mandatory - Several references, such as ["RADHEY SHYARSI VS STATE OF U P - Allahabad"] and ["ROHIT AND ANOTHER Vs STATE OF HARYANA - Punjab and Haryana"], clarify that TIP is not mandatory but a prudent step. When TIP is not conducted or improperly done, courts may rely on other evidence, including in-court identification, especially if delays or procedural lapses are evident.
Irregularities and Non-Compliance Impact Credibility - Cases like ["Girdharilal, S/o. Motilal VS State Of Chhattisgarh, Through Station House Officer, Police Of Police Station Chandrapur - Chhattisgarh"], ["Satish Kumar Bhagat vs The State of Bihar - Patna"], and ["MS. S. vs SUNIL KUMAR - Supreme Court"] highlight that if TIP is not conducted as per law, or if police conduct or witnesses' identification are tainted, the evidence's weight diminishes. For example, lack of police presence during identification or significant delays adversely affect the reliability of the identification process.Analysis and Conclusion:While test identification parade can significantly aid in establishing identity, its value depends on timely, proper, and lawful conduct. Delays, procedural lapses, or improper matching can render TIP unreliable, leading courts to rely more heavily on in-court identification and other evidence. When TIP is conducted correctly and promptly, it strengthens the prosecution's case; otherwise, its evidentiary value is substantially diminished. Courts emphasize that TIP is a rule of prudence, not an absolute requirement, and its failure or irregularity does not necessarily invalidate identification if other credible evidence exists ["Shyam Kumar S/o Krit Kumar Barman VS State of Chhattisgarh - Chhattisgarh"] ["Kuruva Sreenivasulu, Kurnool Dist. VS SHO, Ullindakonda P. S. - Andhra Pradesh"] ["Baikuntha Bhoi VS State of Odisha - Crimes"].

Is Test Identification Parade (TIP) Mandatory for Unknown Accused in India?

In criminal trials, accurately identifying the accused is crucial, especially when witnesses encounter strangers during a crime. A common question arises: TEST IDENTIFICATION MUST BE CONDUCTED IF ACCUSSED ARE UNKNOWN PERSONS? This query touches on the role of Test Identification Parade (TIP) under Indian law. While TIP serves as a vital tool for corroboration, it is not an absolute mandate. This post delves into the legal nuances, drawing from Supreme Court and High Court rulings, to clarify when TIP is obligatory, its evidentiary value, exceptions, and best practices.

Note: This article provides general information based on judicial precedents and is not legal advice. Consult a qualified lawyer for case-specific guidance.

Understanding Test Identification Parade (TIP)

A Test Identification Parade (TIP) is a procedural step during police investigation where the accused is placed among similar-looking 'fillers' (non-suspects) for witnesses to identify. Conducted under magistrate supervision, it tests the witness's memory before court identification. TIP is governed by principles from the Code of Criminal Procedure (CrPC) and Section 9 of the Indian Evidence Act, 1872, but lacks explicit statutory provisions mandating it. Mulla VS State of U. P. - 2010 1 Supreme 606

As held in key judgments, The evidence of test identification is admissible under Section 9 of the Indian Evidence Act... The fact that a particular witness has been able to identify the accused at an identification parade is only a circumstance corroborative of the identification in Court. Mulla VS State of U. P. - 2010 1 Supreme 606

When is TIP Obligatory for Unknown Accused?

TIP becomes a rule of prudence—practically obligatory—for the investigating agency when the accused is not previously known to the witnesses. Courts emphasize: In cases where a person is alleged to have committed the offence and is not previously known to the witnesses, it is obligatory on the part of the investigating agency to hold identification parade for the purposes of enabling the witnesses to identify the person alleged to have committed the offence. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149

This obligation ensures fair investigation and strengthens court testimony. However, it is not a substantive requirement; no CrPC provision entitles the accused to demand TIP. Mulla VS State of U. P. - 2010 1 Supreme 606 Acharaparambath Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 454

Key Obligations and Safeguards

Expeditious Conduct: Hold TIP soon after arrest to avoid memory fade or prior exposure. Delays require explanation. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149
Similar Fillers: Include dummies resembling the accused (e.g., age, build, complexion, as per FIR descriptions). Lakhan @ Lakhan @ Akash VS State of U. P. - 2022 Supreme(All) 1188 Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163
Magistrate Supervision: Preferably in jail premises, with precautions like concealing the accused during transit. Acharaparambath Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 454 Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 774
No Police Influence: Witnesses should not see the accused beforehand. SHABIR VS STATE OF M. P. - 2011 Supreme(MP) 1439

In one case, a Naib Tehsildar ensured other persons in the test identification parade with accused... were of the same age, built and complexion, validating the process. Lakhan @ Lakhan @ Akash VS State of U. P. - 2022 Supreme(All) 1188

Evidentiary Value: Corroborative, Not Substantive

TIP is corroborative evidence only, bolstering court identification. Its absence does not automatically vitiate the prosecution if other factors establish identity reliably. Courts evaluate on case facts, without rigid timelines. Mulla VS State of U. P. - 2010 1 Supreme 606 Pramod Mandal VS State Of Bihar - 2004 7 Supreme 156

There is no provision in the Cr.P.C. entitling the accused to demand that an identification parade should be held, and failure to hold it does not render court identification inadmissible. Mulla VS State of U. P. - 2010 1 Supreme 606

Photo identification can sometimes substitute TIP, especially in modern investigations: Identification by photograph is the only method generally used by the Interpol... Such identification must take the place of a test identification. Ranjyotsingh Gurudayalsingh VS State of Maharashtra - 2008 Supreme(Bom) 1443 DHARAM DEO YADAV RAMBADAN YADAV VS STATE OF UTTAR PRADESH - 2005 Supreme(All) 1895

Impact of Delays and Procedural Flaws

Unexplained delays can be fatal, entitling the accused to benefit of doubt, particularly if witnesses see the accused post-arrest. The delay, if any, has to be explained satisfactorily by the prosecution... test identification parade... suffered from unexplained delay, he is entitled to the benefit of doubt. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149

However, delays like 55 days or 3 months are not inherently fatal if procedures are followed and no prior exposure occurs. Mulla VS State of U. P. - 2010 1 Supreme 606 Pramod Mandal VS State Of Bihar - 2004 7 Supreme 156

Flaws vitiate TIP:- Failure to mix resembling fillers (e.g., bearded ones matching FIR). Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149- Prior showing of accused to witnesses. In a dacoity case, calling accused first before fillers destroyed sanctity: if the accused persons who were to be identified... were already shown... earlier to the test identification parade, the sanctity... loses all its significance. SHABIR VS STATE OF M. P. - 2011 Supreme(MP) 1439- Magistrate unavailability or improper ratios of suspects to fillers. Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163

In a gang-rape acquittal, improper TIP (poor suspect-non-suspect ratio, dissimilar features) led to benefit of doubt. Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163

Conversely, proper TIP lends credence: If test identification parade is properly conducted and is proved, it gives credence of the identification of the accused by the concerned eyewitnesses before the Court. Kishore VS State of Punjab - 2024 2 Supreme 257

Exceptions: When TIP is Not Required

TIP may not be fatal or necessary in these scenarios:- Accused Known or Described: Sufficient details in FIR or complaint. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149- Spot Arrest: Accused caught immediately after crime. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149- Reliable Court ID: Credible testimony (e.g., child witnesses withstanding cross-examination), even first-time in court. Mulla VS State of U. P. - 2010 1 Supreme 606 Acharaparambath Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 454 Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 774- No Significant Delay in Testimony: Eyewitness evidence recorded soon after incident. Kishore VS State of Punjab - 2024 2 Supreme 257

In a murder case, absence of TIP was overlooked as test identification parade is not mandatory... useful when eyewitnesses do not know accused before incident. Kishore VS State of Punjab - 2024 2 Supreme 257

Other cases highlight failures: No TIP and contradictory recovery evidence led to acquittal in kidnapping. KALLOO JAMADAR VS STATE OF U. P. - 2015 Supreme(All) 830 Unreliable TIP after delays undermined dacoity conviction. Rathod Narayana v. State of A. P. - 2005 Supreme(Online)(AP) 5

Modern Alternatives and Best Practices

Courts recognize photo IDs for international crimes or when physical parades are impractical. Ranjyotsingh Gurudayalsingh VS State of Maharashtra - 2008 Supreme(Bom) 1443 Prosecution should:- Conduct TIP promptly for strangers.- Ensure oversight and fairness.- Courts: Scrutinize compliance but prioritize reliable testimony.

Defense can challenge irregularities for doubt. Faulty investigations, like unsealed articles or unlinked weapons, compound issues. Shriram @ Shirya VS State of Maharashtra - 2013 Supreme(Bom) 1207

Key Takeaways

TIP is obligatory as prudence for unknown accused but not mandatory substantive proof. Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149 Mulla VS State of U. P. - 2010 1 Supreme 606
Focus on procedural integrity; flaws invite acquittals. Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163 SHABIR VS STATE OF M. P. - 2011 Supreme(MP) 1439
Exceptions apply for known accused or strong corroboration.
Always assess case-specific facts.

Understanding TIP strengthens defenses and prosecutions alike. For tailored advice, reach out to legal experts.

References

Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha VS State Of Maharashtra - 1999 9 Supreme 149: Obligatory for unknowns, delay flaws.
Mulla VS State of U. P. - 2010 1 Supreme 606: Corroborative nature, safeguards.
Acharaparambath Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 454: Exceptions, court ID primacy.
Pradeepan VS State of Kerala - 2005 0 Supreme(Ker) 774: Procedural guidelines.
Pramod Mandal VS State Of Bihar - 2004 7 Supreme 156: No fixed timelines.
Additional cases: Lakhan @ Lakhan @ Akash VS State of U. P. - 2022 Supreme(All) 1188, Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163, Kishore VS State of Punjab - 2024 2 Supreme 257, Rathod Narayana v. State of A. P. - 2005 Supreme(Online)(AP) 5, SHABIR VS STATE OF M. P. - 2011 Supreme(MP) 1439, Ranjyotsingh Gurudayalsingh VS State of Maharashtra - 2008 Supreme(Bom) 1443

#TestIdentificationParade, #CriminalLawIndia, #TIPMandatory

State Of Gujarat vs Melaji Alias Shailesh Alias Dago Manaji Thakor - 2025 Supreme(Guj) 1475

When Test Identification parade is conducted to identify the assailants, who are strangers and unknown persons to the victim, it is settled law that the persons of similar age, colour, complexion, height and physique as that of the assailants shall be selected and along with them, the suspects must stand ... We have gone through the said Test Identification proceedings conducted by the Deputy Mamlatdar. ... Therefore, as the assaila....

Lakhan @ Lakhan @ Akash VS State of U. P. - 2022 Supreme(All) 1188

She had proved that the exercise was duly conducted and other persons in the test identification parade with accused Lakhan were of the same age, built and complexion. ... After giving information to three accused persons about identification proceedings on 14.2.2006, the test identification parade was conducted in the District Jail, Ghaziabad on 21.2.2006 in the presence of the Magistrate and the identification of....

Baikuntha Bhoi VS State of Odisha

Identification proceedings are not conducted for the pleasure of the prosecution. It has got a valuable purpose even though the identification test does not constitute substantive evidence. ... The whole idea of a test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any other source. The test is done to check upon their veraci....

Lalit, S/o Shri Ramayan Kenwat VS State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh - 2024 Supreme(Chh) 163

On 31.07.2015, Dinesh Kumar Chincholkar, Tehsildar (PW-15) has conducted test identification parade of the accused along with other persons, which was done by the prosecutrix (PW-12) in District Jail, Janjgir, for which, identification memo was prepared vide Ex.P/15. ... The purpose of a prior test identification, therefore, seems to be to test and strengthen the trustworthiness of that evidence. ... State of U.P., 1970 (2) SCC 128 their Lordships of....

Kishore VS State of Punjab - 2024 2 Supreme 257

The test identification parade is usually conducted immediately after the arrest of the accused. Perhaps, if the test identification parade is properly conducted and is proved, it gives credence of the identification of the accused by the concerned eyewitnesses before the Court. ... It is true that a test identification parade is not mandatory. The test identification parade is a part of the inves....

RADHEY SHYARSI VS STATE OF U P - 1994 Supreme(All) 509

It was only on 28-10-1993 that for the first time the applicant Radhey Shyam wanted to be put up for identification test. ... Again in January, 1994 the applicant raised the plea demanding identification test and refusal thereof by the prosecution as a ground for his release on bail. ... It is no where provided or appears to be absolutely necessary that on the basis of this plea of demand of identification and refused thereof by the prosecution during investigation, the accused must be....

Rathod Narayana v. State of A. P. - 2005 Supreme(Online)(AP) 5

Apart from this aspect of the matter, there is also no clear identification of these persons either before the Court or the Test Identification Parades. ... PW - 7 conducted the Test Identification Parade in District Jail, Sanga Reddy on 20-10-1995 and PW - 2 identified A - 2 and A - 4 alone and PW - 1 had not identified any one of the accused. Likewise, PW - 9 conducted the Test Identification Parade on 7-6-1997 i....

Kalloo VS State of U. P. - 2024 Supreme(All) 1397

Still further, he submitted that the test identification parade which was conducted in the presence of a respectable Magistrate could not be brushed aside easily. ... The three essential ingredients for invoking Section 396 of I.P.C. are that (i) one of the persons must commit murder, i.e., his act must amount to "murder" within the meaning of Section 300 of I.P.C., (ii) the said person must be one of the five or more persons who have joined together....

KALLOO JAMADAR VS STATE OF U. P. - 2015 Supreme(All) 830

Even the victim of the offence has not identified the appellant as the person who had kidnapped him nor any effort was made by the prosecution during trial to get him identified. No test identification parade of the accused persons was conducted. The evidence on the point of recovery was so contradictory that it gives rise to only conclusion that the story of alleged recovery has been falsely cooked up by the police but the learned trial Court has utterly failed to appreciate all these aspects in accordance with settled principles of appreciation of evidence.

Shriram @ Shirya VS State of Maharashtra - 2013 Supreme(Bom) 1207

P.W.11 Naib Tahsildar Abhay Mhaske had conducted test identification parade. He got test identification parade conducted and on completing the investigation, submitted the charge sheet.

SHABIR VS STATE OF M. P. - 2011 Supreme(MP) 1439

It has further come in his testimony that this witness (PW-14) first of all called the accused persons who were required to be identified and thereafter other accused persons were called and then some other persons of similar appearance were mixed with the accused persons and they were included in the test identification parade. According to me, if the accused persons who were to be identified by the witnesses Jagdish and Devilal were already shown by Naib Tehsildar earlier to the test identification parade, the sanctity of test identification loses all its significance and no reli....

Ranjyotsingh Gurudayalsingh VS State of Maharashtra - 2008 Supreme(Bom) 1443

“In the world as a whole today, the identification by photograph is the only method generally used by the Interpol and other crime detecting agencies for identification of criminals engaged in drug trafficking, narcotics and other economic offences as also in other international crimes. Such identification must take the place of a test identification. ” The Supreme Court held that the identification of the accused from a photograph shown by PW 50 was sufficient to lend support to their identification in the Court. In Ravindra Alias Ravi Bansi Gohar Vs. State of Maharashtra,....

DHARAM DEO YADAV RAMBADAN YADAV VS STATE OF UTTAR PRADESH - 2005 Supreme(All) 1895

( 44 ) IT is also necessary to point out that during the trial the identity of the photograph was not challenged. Such identification must take the place of a test identification" "in the world as a whole today, the identification by photograph is the only method generally used by the Interpol and other crime detecting agencies for identification of criminals engaged in drug trafficking, narcotics and other economic offences as also in other international crimes.