Witnesses are provided with assistance in identifying a suspect from among a group of individuals through the use of a legal procedure known as an identification parade, sometimes known as a line-up. In the event when a witness witnesses a crime but is unable to reveal the identity of the person who committed the crime, it is of the utmost importance. The purpose of this test is to determine whether or not the witness is capable of correctly identifying the suspect from a lineup, so establishing the witness’s credibility and contributing to the process of determining the truth of the case.
Purpose:
To ascertain whether or not a witness is able to correctly identify a perpetrator from among a group of individuals, identification parades are organized. The purpose of these parades is to determine whether or not a witness is capable of doing so. In cases when a witness only sees the perpetrator momentarily and does not know the offender personally, this is absolutely vital. One cannot underline the relevance of this.
Procedure:
The term “dummies” refers to those who are located in close proximity to the person who committed the crime and who are perceived to be similar to the person who committed the crime. After that, the witness is questioned about the person who is being suggested as a member of the group that is alleged to be engaged.
. The identification parade serves to:
- Check the witness’s suspect recognition capacity.
- Build the witness’s reputation.
- Check how precisely the witness described the suspect.
Legal Requirements:
Although the Code of Criminal Procedure, 1898, and the Qanun-e-Shahadat Order of 1984 lack explicit procedural directives, the Lahore High Court possesses established rules and orders. These principles emphasize the importance of impartiality, fairness, and the application of appropriate procedures.
The identification parade in Pakistan is governed by the Pakistan Penal Code (PPC), 1860, and the Code of Criminal Procedure (CrPC), 1898 as well as court rulings.
Code of Criminal Procedure (CrPC), 1898
The framework for holding identification parades is provided by the CrPC:
(Section 54) Identification of Arrested Persons
The capability of getting measurements, photographs, and further identification information of a person who has been captured by law enforcement officers during the course of their inquiry while they are actively conducting their investigation.
includes an implicit endorsement of the use of lineups and other identifying techniques for the purpose of determining whether or not a suspect was involved in a criminal offense to determine whether or not the suspect was involved in the offense.
(Section 161) Examination of Witnesses by Police
It is possible to document specific testimonies provided by witnesses through the use of this part, which is utilized during the identification process.
However, despite the fact that it is possible to utilize such remarks as corroborating or opposing evidence in accordance with Section 162 of the Criminal Procedure Code, these remarks are not considered to constitute substantial evidence.
(Section 164) Recording of Confessions and Statements
A magistrate may document a witness’s identification statement to guarantee its voluntariness and admissibility.
Judicial Precedents:
The State v. Muhammad Akram (PLD 1967 SC 157) emphasized the need for fairness in the conduct of identification parades.
The State v. Abdul Ghafoor (2005 SCMR 1343). believed that credibility is weakened by postponed identification parades.
Pakistan Penal Code (PPC), 1860
Despite not being specifically mentioned in the PPC, identification parades are essential for demonstrating crimes like:
(Section 34) Common Intention
Identification parades help establish whether more than one accused individual engaged in a crime.
(Sections 302, 392, 397 (Murder, Robbery, Dacoity)
Eyewitness identification is usually rather important to prove the accused’s participation in certain crimes.
(Section 149) Unlawful Assembly
Membership in an illegal assembly can be ascertained with the aid of identification parades.
Key Legal Principles from Pakistani Courts
Fairness is Mandatory
The lineup must not be suggestive (e.g., the suspect should not stand out in dress or appearance).
Case Law: Muhammad Sharif v. The State (PLD 1988 SC 28)
Delay Weakens Credibility
If an identification parade is conducted long after the crime, courts may doubt its reliability.
Case Law: Nazar Hussain v. The State (2001 SCMR 1309)
Magistrate-Supervised Parades Are Preferred
Conducting parades before a magistrate enhances evidentiary value.
Case Law: Muhammad Siddique v. The State (PLD 2001 SC 554)
Right to Legal Representation
The accused has the right to have a lawyer present during the parade.
Procedure Under Pakistani Law
Initiation by Police or Court
Usually conducted during investigation, but courts may order one if needed.
Conducted by a Magistrate (Ideal Practice)
Ensures neutrality and reduces allegations of police bias.
Use of Similar-Looking Individuals
At least 8-10 persons resembling the suspect should be included.
Recording of Results
The magistrate records the witness’s statement and whether they identified the suspect.
Evidentiary Value:
The identification parade can be used as evidence in court, particularly when the proper procedures are followed. However, the weight given to the identification parade will depend on the circumstances of the case and the witness’s ability to identify the suspect.
Conclusion
Identification parades in Pakistan derive their legal basis from the CrPC and judicial interpretations, while their importance in proving offenses is tied to the PPC. Courts emphasize fairness, promptness, and magistrate supervision to ensure reliability. Legal representation and proper documentation are essential to prevent misuse.
Author
Burhan Ahmad
Member Pakistan Youth Parliament