TEST IDENTIFICATION PARADE UNDER SECTION 7 OF BSA

by | Aug 8, 2024

When solving a case or finding out the truth, it’s essential to consider all the relevant pieces of information available. In a court case,it can be considered as, looking at facts that help explain or introduce key issues of the case, support or contradict assumptions, and establish identities and timelines of the case. Section 7 of Bharatiya Sakshya Adhiniyam,2023 explains facts which are necessary to explain or introduce facts in issue or relevant facts.This section is also popularly known as Test Identification Parade.

Facts necessary to explain or introduce fact in issue or relevant facts (Section 7 of BSA)

What is a Test Identification Parade?

A Test Identification Parade means a witness or victim who tries to identify a suspect from a lineup of people having similar appearances.This process is done to  ensure accurate identification of suspects and prevent wrongful accusations of anyone.Test Identification Parade under ,Section 7 of Bharatiya Sakshya Adhiniyam,2023(BSA) can be done of both i.e. of a person or a thing.( Earlier under Section 9 of Indian Evidence Act,1872)

Under Section 7 of Bharatiya Sakshya Adhiniyam,2023(BSA) , the Test Identification Parade is considered to be relevant.Section 54 of The Bharatiya Nagarik Suraksha Sanhita (BNSS),tells about the Test Identification Parade of a accused which was added by 2005 amendment.Test Identification Parade under Bharatiya Sakshya Adhiniyam,2023,enables the police officer to seek courts permission to direct the arrested person to subject himself to identification by any person involved in the case ,in such manner which the court deems fit.

Test Identification Parade is not considered to be a substantial piece of evidence and can only be used for corroborative purposes.Identification of the accused at the time of Test Identification Parade or in a court is not a ‘sine qua non’ for a conviction.It can be conducted by police officer or Magistrate or even any person.Section 7 BSA is essential for considering the mental state of individuals in legal matters, while Test Identification Parades serve as a practical tool for verifying the identity of suspects. Together, they contribute to the fair administration of justice in India’s legal system.

Key Components of Test Identification Parade

  • Facts which are necessary to explain or introduce fact in issue or relevant fact,
  • Facts which support or rebut an inference which are so connected with fact in issue or relevant fact,
  • Facts which helps to identify any person or any thing whose identity is relevant,
  • Facts which shows the time or place where any relevant fact or fact in issue occurred,
  • Facts which shows  the relation of parties  by whom any thing or fact was transacted ,
  • Facts which are introductory or explanatory in nature and which can be proved if there is a direct bearing on fact in issue.

Introductory Facts :- 

Introductory facts means it would be nearly impossible to  conduct a suit or proceeding directly without knowing the background of the case properly .There should be some introductory facts known to a make a background picture of the case i.e.incidents which a judge needs to know to reach to a main fact of the case and which will provide a great help in supplying the missing links.

Explanatory facts :-

There is some evidence or facts which stand on separate footings alone from other evidence,but when taken into consideration along with other proven facts of the case,it helps in explaining them properly and are considered to be relevant under Section 7 of Bharatiya Sakshya Adhiniyam,2023(BSA)

Exceptions of Test Identification Parade 

Not all the facts under this section are considered to be relevant. Details that are not necessarily important to understand the particular case or are unrelated to the events in question are considered to be irrelevant.

Examples

(a) Authenticity of a document 

When a question occurs regarding the authenticity of a particular document, facts about the property of a person and his family at the time of signing a document,can be relevant.

(b) Case of Libel

The relationship between the parties involved under a libel case,can be considered a relevant fact , whereas details of an unrelated dispute between the parties may not be a relevant fact unless it affected their relationship.

(c )Investigation of a crime

If someone is accused of a crime, their actions, like absconding from the crime scene after crime,can be a relevant fact. But, if they had a valid reason for leaving from a particular crime scene at that moment , like urgent business, that fact can also be relevant.

(d) Contractual Dispute

When someone sues another person for inducing a 3rd party to break a contract, statements made by the 3rd party can be a relevant fact to explain their part..

(e) Investigation of theft

Statements made by the accused or others persons involved in the theft case,can be relevant to explain the case.

(f) Investigation of riot

The cries of the mob during a riot can be a relevant fact to understand the nature of the case.

Why is this Important?

  • It helps in preventing unnecessary gathering of information from clouding the case
  • It helps in focusing on key issues of a particular case
  • It helps in preventing wrongful convictions of anyone.

Relevant facts are very important and play a crucial part in a court case. They help in providing context, explaining key issues of the case, and also  establish  identities and timelines. By knowing what facts are relevant, we can ensure a fair and accurate trial for proper justice being served.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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