Section 327 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 327: Identification Report of Magistrate
Text of the Section:
Admissibility of Identification Reports:
Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial, or other proceeding under this Sanhita, even if such Magistrate is not called as a witness.
Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158, or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections.
Summoning of Magistrate:
The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.
🧭 Purpose and Context
Section 327 of the BNSS, 2023, addresses the admissibility and use of identification reports prepared by Executive Magistrates. It allows such reports to be used as evidence in legal proceedings without requiring the Magistrate to testify in person. However, if the report contains statements from suspects or witnesses, those statements must comply with specific provisions of the Bharatiya Sakshya Adhiniyam, 2023, ensuring that they are admissible under the law. Additionally, the section provides the court with the discretion to summon the Magistrate to testify about the contents of the report if deemed necessary.
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 327 of the BNSS, 2023, corresponds to Section 291A of the Code of Criminal Procedure (CrPC), 1973. Both provisions allow identification reports prepared by Executive Magistrates to be used as evidence without requiring the Magistrate's personal testimony, subject to certain conditions. They also grant the court the authority to summon the Magistrate to testify about the report if necessary.
🧭 Significance
Efficiency in Legal Proceedings: By permitting the use of identification reports without the need for the Magistrate's presence, this section streamlines legal processes, saving time and resources.
Safeguards for Admissibility: The requirement that statements from suspects or witnesses within the report comply with specific provisions ensures that such evidence is obtained and used lawfully, protecting the rights of individuals involved
Judicial Discretion: The provision allowing the court to summon the Magistrate provides flexibility, enabling the court to seek clarification or further information if the report's contents are disputed or require elaboration.
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