What is the evidentiary value of the identification of the accused by witness for the first time in ...........

Indian Evidence Act (IEA) 1872 Relevancy of Facts

What is the evidentiary value of the identification of the accused by witness for the first time in Court without being tested by a prior identification parade?

Identification of accused in Court for the first time is reliable

Identification is a substantive piece of evidence

Without prior test identification parade, Identification of accused for the first time in Court is valueless

None of the above

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Explanation:

Section 9
Case - Malkhansingh and others vs. State of Madhya Pradesh, JT 2003 (5) SC 323 - There is no strait-jacket formula that in a case where the accused is not named in the F.I.R. or in statement under S. 161, Cr. P.C. or is not otherwise known from before, the testimony of a witness for the first time in Court, without a prior test identification parade, becomes valueless. The testimony of such a witness has to be judged like that of any other witness having regard to the facts and circumstances of the case and also keeping in view the fact that prior identification proceedings had not been held.[AIR 2003 SC 3805 : (2003) 2 Suppl. SCR 1048 : JT 2003 (7) SC 361 : (2003) 6 SCALE 698 : (2003) CriLJ SC 4440]