Question

Consider the following statements:
(i) The identification of an accused by a witness in court is substantive evidence.
(ii) The evidence of identification in test identification parade is primary evidence but not substantive evidence.
(iii) Test identification parade can be used only to corroborate identification of the accused by a witness in the court.
Choose the correct answer.

• A. (i) and (ii) are correct but (iii) incorrect
• B. (i) and (ii) are incorrect but (iii) is correct
• C. (i) and (iii) are correct but (ii) incorrect
• D. (i), (ii) and (iii) are correct

Hint:

In criminal trials, in-court identification is substantive evidence, while TIP serves as primary but corroborative evidence.

Answer 1

The Correct Option is D

Step 1: Identification of accused in court.
It is a settled principle of criminal jurisprudence that identification of an accused by a witness for the first time in court constitutes substantive evidence. Such identification directly connects the accused with the offence during trial. Hence, statement (i) is correct.
Step 2: Nature of Test Identification Parade evidence.
Evidence relating to identification in a Test Identification Parade (TIP) is not substantive evidence of guilt. However, it is treated as primary evidence of identification in the sense that it records the witness’s first opportunity to identify the accused during investigation. Therefore, statement (ii) is correct.
Step 3: Purpose of Test Identification Parade.
The sole purpose of conducting a Test Identification Parade is to corroborate the identification of the accused made by the witness in court. TIP evidence cannot by itself form the basis of conviction. Hence, statement (iii) is also correct.
Step 4: Conclusion.
Since all three statements correctly reflect the settled position of law on identification evidence, the correct answer is (D).