Section 282(g) in Police Regulations, Bengal , 1943
(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.
