What did the Supreme Court state in Malkhansingh v. State of M.P. (8 July 2003) about an accused’s…
In Malkhansingh v State of M.P. (2003) the Supreme Court held that the Code of Criminal Procedure then in force gave the accused no right to a test identification parade. A…
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What did the Supreme Court state in Malkhansingh v. State of M.P. (8 July 2003) about an accused’s claimed right to a test identification parade?
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Correct answer A
In Malkhansingh v State of M.P. (2003) the Supreme Court held that the Code of Criminal Procedure then in force gave the accused no right to a test identification parade. A parade is an aid to investigation that tests the reliability of a witness's identification, and its absence does not by itself make identification in court inadmissible; it goes only to weight in the circumstances of the case.
The relevance of facts establishing identity, formerly under section 9 of the Indian Evidence Act, 1872, is now governed by Section 7 of the Bharatiya Sakshya Adhiniyam, 2023.
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