THE A.P. POLICE MANUAL, PART – I, VOLUME – II ORDER NO.

472

CHAPTER 26
Identification
470. When a witness says that he can identify accused persons or others connected
with the case under investigation, the investigating officer shall record the
description of the accused persons in detail. In doing so the IO should
specifically ascertain by carefully questioning about the details i.e. the colour of
hair, physical features on the face, manner of wearing clothes, height, lean or
stout, gait, language spoken, the manner of speaking the language, physical
peculiarities noticed. Computer facilities may be utilised wherever possible to
draw the figures on the description given by the witness. Each witness should
be examined separately about each suspect. This is a very important step and
will prove extremely useful in tracing the offenders. All that each witness says
should be recorded in detail and the picture drawn after description should be
kept on record along with the statement recorded.

1. Care must be taken that the witness has neither the occasion to see the suspect
in custody nor the opportunity to see the photographs or videographs of suspect
in custody before identification.

2. Invariably identification parades of person should be conducted by a Judicial

Magistrate. After making all arrangements for the parade, the police officers
should completely withdraw themselves, leaving it to the Magistrate to conduct
the actual identification proceedings.

3. The accused should be mingled with persons of similar description, status, build
and age, in the proportion of a minimum of 1:5 and a maximum of 1:10. Persons
already known to the identifying witnesses should not be selected to stand along
with the suspects in the parade. They must be made to take their positions,
along with the persons with whom they are mingled in a line. They should not be
made to stand together. The Magistrate conducting the parade should satisfy
himself or themselves that no police officer takes part in the actual identification
proceedings, that witnesses are kept out of view from the premises where the
parade is taking place and that it is not possible to communicate with them by
signals or other communications. Witnesses should then be called in, one by
one, and asked to go round the persons assembled for the parade and point out
the accused, if any. If a witness identifies any of the accused, it should be
verified whether his description tallies with that recorded already in the case
diary, and proceedings regarding the identification should be drawn up and
signed by the Magistrate. Statements made by the identifying witnesses to the
Magistrates at the time of the identification should be recorded in the
proceedings. Even if a witness makes a mistake, it should be recorded. In
short, the proceedings must contain a complete record of all that takes place in
the identification parade. After the identification by one witness is over, care
should be taken to see that the witness does not mingle or communicate with the
other witnesses for whom identification parade is yet to be conducted or other
outside persons. The whole parade will then be reshuffled and the accused
made to take different positions and the same procedure will be repeated for the
other witnesses also. Any well-founded objection by any accused during the
identification parade should be recorded. After the completion of the

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identification parade and the drawing up of the proceedings, a certificate in the

following form must be appended and signed by the Magistrate conducting the
parade:

A. “I, the undersigned, took all necessary precautions, and am satisfied that no
police officer was present at any time of the proceedings, when the parade was
held”.

B. “No opportunity was given to the witnesses to see or know about the
proceedings of the parade”.

471. When the identification parade is to be held in a jail, the jailor on admission of
the suspect should be informed of the intended identification. The jailor should
prohibit any change in the appearance of the prisoner from that in which he was
admitted to jail, e.g., beard not to be shaven or grown and the same clothes to
be worn as at the time of the entry. The officer conducting the identification
parade should keep a detailed record of the entire proceedings.

Identification by photographs:

472-1. Photographs of certain classes of criminals, or offenders, for instance,

professional persons, notorious dacoits, terrorists, Drug Traffickers, Organized
Criminal gang members are maintained in the District Crime Records Bureau.
Photographs exist also for dossier criminals, and bad characters. Witnesses
may be shown the photographs of suspect mixed with the photographs of
several non-suspects and asked to identify the photograph of suspect for the
purpose of investigation. In cases where criminals are identified through
photographs, a regular identification parade should also be held after the
apprehension of the accused.

Identification through finger, foot impressions and DNA

2. Identification can also be established from finger and foot impressions left on the
scene. Finger and foot impressions found on the scene can be developed, lifted
and compared later to find out whether they tally with those of the suspected
persons or not. Identity is also established through DNA finger printing from
stains or pieces of skin or flesh. The details of these are given in the Chapters
dealing with Finger Prints and Scientific Aids to Crime Investigation. As
identification of accused or suspects or deceased is a vital factor in crime
investigation the IO should be fully conversant with the instructions contained
therein.

Previous conviction - how proved

3. As prescribed in section 298 of CrPC, in addition to any other mode provided by

law, a previous conviction can be proved by calendar extract certified by the
concerned court. The previous conviction can also be proved by a certificate
from the Jailor or the warrant of commitment. In each of such cases, evidence
as to the identity of the accused person with the person so convicted may be
given by the concerned police officer.

Power of police to take measurements

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473. Under the Identification of Prisoners Act 1920, the police officer can take the
finger print, photograph and other measurements of a prisoner, it he is,

A. convicted for an offence punishable with one year or more, or

B. ordered to give security for good behaviour under section 110 Cr.P.C.

2. Such persons who are required to give measurements, if refuse to give

measurement, the police officer can take the orders of the magistrate. Refusal
or resistance by the person makes him liable for action under section 186 IPC.

3. The State Government has promulgated “A.P. Identification of Prisoners Rules

1975” in which rule 12 and 14 specify the classes of persons whose fingerprints
and photographs are taken. These photographs, measurements and records
should be kept in P.S. records, DCRB and SCRB and in appropriate cases in
NCRB.

Identification of property

474. In respect of properties, which are already sent to court, the identification has to
be done in the court premises under the orders of the magistrate, either by the
magistrate himself or through independent witnesses. In other cases,
independent witnesses under panchanama shall hold identification of property in
the absence of police. The properties to be identified should be mixed with
similar articles and the witnesses should be asked to identify.

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