Guidelines with respect to Dying Declaration and TIP Report of the Magistrate



LEGAL POINT

Division bench of Madras High Court, on a Reference made to it in the case of Murugasamy vs. The State of Tamil Nadu, Rep by Inspector of Police, Karumathampatty Police Station Coimbatore District and another [ 2017-2- L.W.(Crl) 345 ] laid down the following guidelines:

Dying declaration recorded by the Magistrate:

• After recording the dying declaration, the Magistrate shall arrange to take two photocopies of the same under his direct supervision and certify the same as true copies.
• The dying declaration in original shall be sent in a sealed cover to the jurisdictional Magistrate or Court, as the case may be, through a special messenger or by registered post with acknowledgment due.
• One such certified photocopy of the dying declaration shall be furnished by the Magistrate to the Investigating Officer of the case, free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report filed.
• The other certified photocopy of the dying declaration shall be kept in a sealed cover in the safe custody of the Magistrate.

Test Identification Parade report of the Magistrate:

• An application for conduct of Test Identification Parade, shall be made under Section 54-A of the Code by the Investigating Officer, to the Court having jurisdiction.
• On such application being made, the Court may direct the person so arrested to subject himself to identification.
• The Court shall make a request to the CMM/CJM of the District to nominate a Magistrate, other than the Magistrate who has jurisdiction of the case, to conduct the Test Identification Parade.
• Upon receipt of such request, the CMM/CJM shall immediately pass orders nominating a Magistrate, other than the jurisdictional Magistrate, to conduct Test Identification Parade and inform the same to the Magistrate so nominated and to the Investigating Officer.
• The Magistrate so nominated shall conduct Test Identification Parade and after preparing the Test Identification Parade report, he shall arrange to take two photocopies of the said report under his direct supervision and certify the same as true copies.
• He shall send the Test Identification Parade report in original in a sealed cover to the jurisdictional Court through a special messenger or by registered post with acknowledgment due.
• One certified photocopy of the Test Identification Parade report shall be furnished by the Magistrate to the Investigating Officer of the case, free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report filed.



RELEVANT LEGAL PROVISION

Section 54A of Code of Criminal Procedure
Identification of person arrested.—Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with: Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.





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