Correct option is B
Identification proceedings are provided under
Section 9 of the Indian Evidence Act, 1872. This section specifically deals with facts that are necessary to explain or introduce relevant facts. It includes the identification of persons and things as part of the legal process.
Section 9 of the Indian Evidence Act is pivotal in criminal cases, particularly in matters where the identity of a person or object is in question. This can involve identification parades where witnesses identify the accused among other individuals, or it can involve the identification of stolen property or items associated with a crime. The purpose of these proceedings is to establish a clear connection between the accused and the crime or the object in question.
Information Booster
·
Identification Parades (Under Section 9): Identification parades are a common method used under Section 9 of the Indian Evidence Act. These parades allow witnesses to identify the suspect from a group of people. The identification made during these parades holds evidentiary value and can be used to corroborate other evidence in the case. Although the actual act of conducting an identification parade is not a statutory requirement, the outcome of such a parade is considered under Section 9 when determining the relevance of identification.
·
Relevance of Identification: Section 9 is used to admit evidence related to the identification of suspects or objects in court. It is crucial because it helps establish a link between the crime and the suspect. The identification process must be conducted fairly, without any influence or suggestion, to ensure its reliability.
Additional Knowledge
·
(a) Section-8: Section 8 of the Indian Evidence Act deals with the motive, preparation, and previous or subsequent conduct. It is concerned with the reasons behind a crime, the preparation for it, and the actions of a person before or after the incident, which are relevant to the case. However, it does not address identification proceedings.
·
(c) Section-7: Section 7 deals with the facts that are the occasion, cause, or effect of the facts in issue. It includes evidence that provides the context for the crime, such as the circumstances that led to the event. This section is important for establishing the background of the case but does not cover identification proceedings.
·
(d) Section-11: Section 11 discusses facts inconsistent with, or affecting the probability of, the facts in issue. It covers evidence that contradicts or supports the likelihood of the facts in issue but does not deal with identification proceedings.
