How is test identification parade conducted in Darbhanga for criminal cases?

Detailed Legal Analysis

A test identification parade in Darbhanga is conducted by a magistrate in the presence of the accused and independent witnesses under the guidelines of the Bihar Rent Control Act 2017 and the Evidence Act. The parade must be held at the earliest opportunity to ensure that the identification is not tainted by subsequent influences.

The Patna High Court has held that the parade must be fair and the accused must be mixed with persons of similar physical appearance and build. The witnesses must identify the accused without any prompting or assistance from the police.

The identification is then recorded by the magistrate and forms part of the evidence during trial. If the parade is conducted improperly, the Patna High Court may exclude the identification evidence and direct a fresh parade or acquittal.