Meaning and Legal Basis
Identification refers to the process of recognizing or verifying a person, object, or thing that is connected with a crime. It plays a crucial role in criminal trials where establishing the identity of the accused or the object involved is necessary. Under Indian law, identification is supported by Sections 9 and 60 of the Indian Evidence Act, 1872, which make facts necessary to establish identity relevant and admissible. Identification is especially important when the accused is not previously known to witnesses. Courts rely on identification evidence to corroborate the prosecution’s version, ensuring that the right person is held responsible. However, identification during investigation—such as Test Identification Parade (TIP)—is not substantive evidence but only assists the court in evaluating credibility. Substantive identification occurs during trial when the witness identifies the accused in court. Accuracy, reliability, and absence of prompting are essential to maintain evidentiary value.
Types and Purpose of Identification
Identification can be classified into personal identification, voice identification, handwriting and signature identification, and object identification. Personal identification includes facial recognition or physical features, usually confirmed through a TIP. Voice identification is recognized under Section 65B and Section 45, especially in electronic evidence cases. Handwriting and signature comparison are governed under Section 47, allowing expert or acquainted-witness opinion. The primary purpose of identification is to reduce wrongful convictions and ensure fairness in criminal justice. Courts emphasize that TIP must be conducted promptly, fairly, and free from police influence to avoid mistaken identity. Identification also assists in linking recovered objects, stolen property, or weapons used in the crime. Proper identification strengthens the prosecution case, while weak or delayed identification reduces evidentiary weight and raises doubts about witness credibility.
Evidentiary Value and Limitations
Identification in court holds the highest evidentiary value because it is substantive proof. However, courts treat TIP as only corroborative evidence meant to test the memory and reliability of witnesses. Judicial precedents warn that faulty identification may lead to injustice, especially in cases involving strangers or short encounters. Identification suffers from limitations such as influence, suggestiveness, stress during crime, poor lighting, or long delay between the incident and identification. Courts follow strict guidelines to ensure that identification remains natural and uninfluenced. Mistaken identification is considered one of the biggest causes of wrongful convictions, hence courts analyze identification evidence carefully. While identification is relevant and admissible, it must be supported by other circumstances such as motive, recovery, conduct, and corroborating evidence to establish guilt beyond reasonable doubt.
Real-Time Example
A robbery occurs at night, and the victim sees the accused for only a few seconds under dim lighting. The police later arrest three suspects. To ensure fairness, a Test Identification Parade is organized before a magistrate. The victim identifies one of the three men without hesitation. Later, during the trial, the same victim points out the same accused in court. Here, the TIP serves as corroborative evidence, while in-court identification serves as substantive evidence. If the victim had failed to identify the accused during TIP or had identified a different person, the prosecution case would weaken. This example shows how identification builds reliability and protects the rights of both the victim and the accused.
Mnemonic to Remember – “ID-PROOF”
I – Identity is a relevant fact (Section 9)
D – Done through TIP and in-court identification
P – Personal, voice, handwriting, and object identification
R – Reliability tested through TIP
O – Only in-court identification is substantive
O – Other evidence must corroborate
F – Fairness and absence of influence required
About lawgnan
To understand Identification under the Indian Evidence Act in a clear, exam-oriented and practical way, visit Lawgana.in. We provide simplified explanations of Sections 9 and 60, along with the role of Test Identification Parade, in-court identification, and different types of identification such as voice, handwriting, and object recognition. Our detailed notes help students, aspirants, and legal professionals grasp evidentiary value, limitations, and judicial principles with real-case clarity. Whether you are preparing for judiciary exams or improving courtroom understanding, Lawgana.in offers trusted content designed for effective legal learning. Explore more evidence law topics now.
