282. Identification of suspects. [§ 12 Act V, 1861].
(a)Whenever it is necessary to submit a person suspected to have been concerned in any offence to identification, the proceedings should be conducted whenever possible in the presence of a Magistrate, or of a Sub-Registrar or, if no such officer is available, in the presence of two or more respectable persons not interested in the case who should be asked to satisfy themselves that the identification has been conducted under conditions precluding collusion. The identification proceedings should be undertaken as soon after the arrest of the suspected person or persons as possible, and care should be taken that before the commencement of the proceedings the identifying witnesses are kept in charge of a Court peon or other person not being a police officer at such distance from the place where the proceedings are held as to have no chance of seeing the suspects. The suspected persons should, if possible, be paraded along with 8 or 10 persons, or, if there are more than one suspect, with as many as 20 or 30 persons, similarly dressed and of the same religion and social status. Care should be taken that the mixing up of the suspect or suspects with the other persons does not take place in view of the police officers and the witnesses. Each identifying witness should then be brought up singly in charge of the Magistrate's orderly or some other person, not being a police officer, to pick out the accused if he is able to do so. The identification by such witness should be conducted out of sight and hearing of other witnesses. If there is any fear that the identifying witnesses may be subjected to threats or injury, should they become known to the suspects or to their friends, the witnesses should be allowed to view the persons paraded from a place where they themselves cannot be seen, as for instance through a window or an opening in a door or a wall. When the officer conducting the identification has satisfied himself that no communication between the police and the witnesses was possible, he should give a certificate to this effect.(b)A statement in B.P. Form No. 45 should be prepared when suspects are presented for identification, and when the identification is not held in the presence of a Magistrate, the witness should be prepared to testify to the fairness of the manner in which the identification was effected in the proper columns.(c)These regulations apply only to instances in which suspects have been arrested and have to be confronted with witnesses who express themselves able to recognise them by appearance, although not previously acquainted with them. When as frequently happens, the complainant or other witness states that amongst his assailants he recognised certain persons of his acquaintance, either by their appearance or by their voice, his credibility is a matter for the Courts and no departmental rules can become applicable.(d)It should be borne in mind that the primary object of identification proceedings is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by the defence when the case is under trial, and when conducting the proceedings he is not acting in a judicial capacity (unless the case is under trial before him). It is not his duty, therefore, to record statements or put questions to suspects or witnesses except such as are necessary for the purpose of identification. While on the one hand the identification should be conducted with complete fairness and impartiality, on the other hand no attempt should be made to confuse or puzzle a witness or to create conditions which would render a witness who is honestly capable of identifying incapable of doing so.(e)Test identification shall, whenever circumstances permit, be held inside the jail. The above rules are applicable in the case of an under-trial prisoner or a suspect in jail. Men on bail shall not be mixed up with under-trial prisoners except with the permission of the Magistrate. In the case of confessing accused, separate test identification parade shall be held unless the Magistrate insists that it is essential to mix confessing with non-confessing accused and hold the test identification parade simultaneously. In Sub-divisional jails the accused shall, if necessary, be mixed up with outsiders for holding the test identification therein, as very few under-trial prisoners of similar nature and of the same social status are available there for the purpose.(f)In rioting or other cases the police shall keep the persons arrested during the occurrence district from those arrested afterwards on suspicion of having taken part in it. Police officers shall use the utmost care to prevent the identity of rioters and other offenders caught in the act from being impugned at the trial. The names of the offenders and of the persons arresting or identifying them shall be recorded as soon as possible in all cases, before the prisoners are removed in custody from the spot; and the place and hour of arrest shall be most accurately noted. Offenders caught red-handed shall be kept quite distinct from those arrested on suspicion.(g)When a suspect refuses to attend a test identification parade no action can be taken in the absence of any evidence other than evidence of identification. When, however, there is other evidence against a suspect and he refuses to appear at a test identification parade he shall be sent for trial on the strength of such other evidence. During the trial, evidence of such refusal shall be led in favour of the prosecution. At the time of trial, the suspect will be in the dock and available for identification by the witnesses. Whenever a suspect refuses to attend a test identification parade, the Magistrate holding the parade shall be requested to make an appropriate note of the fact in B.P. Form No. 45 and if the suspect is later sent for trial, the Magistrate shall be examined as a witness to prove the refusal.
