Call to give training to Executive Magistrates

KOCHI: There is a growing demand among the police officials that executive magistrates must be imparted with training in conducting ‘Test Identification Parade’ as the whole procedure now is more time consuming and create loopholes in the investigation.A top  police official  recently wrote to the DGP  to recommend some kind of training according to the amendments made in  Criminal Code of Procedure (CrPC) so that the parade can be conducted effectively.The term used in police investigation is ‘test identification’- a process by which the identity of persons, things or animals concerned in the offense under investigation or trial is established through a test parade.Identification parades shall, as far as possible, be conducted by a magistrate. If any substantial reason needs to be recorded in the case diary, the service of a competent magistrate is not obtainable.The parade may be conducted by independent persons who are in no way connected with or concerned in the case. After making all arrangements for the parade, the police officers should completely efface themselves, leaving it to the magistrate to conduct the identification proceedings.It is commonly seen that the whole procedure  gets delayed owing to the lack of competence among the executive magistrates. The delay also results in high chances of loopholes easing the escape of the accused.There were amendments in the the CrPC for speeding up the procedure, but most of the executive magistrates are not imparted with training in this regard. The police officer who wrote to the DGP  recommending amendments  said that trial identification parade is an important  phase in the judicial  system.“There is no procedural law for conducting TI parades and magistrates are conducting it on the basis of Section 9 and 80 of the The Indian Evidence Act 1872.“A new law for the TI parade conducted by a magistrate is always preferred,” the police officer said.Senior Magistrate Cherian Kuriakose said that executive magistrates conduct test identification parades in very rare cases with the permission of a Judicial Magistrate.“The delay occurs mainly because the notices have to be sent to the witnesses and people concerned. This delay the process by about three to four months.  “Their is no training given in this regard now” he opined.