Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 327: Identification Report of Magistrate
(1) 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, although 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.
(2) 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.
Brefe Detail
Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the use of identification reports by Executive Magistrates as evidence in legal proceedings. It specifies conditions under which such reports can be utilized and addresses the summoning of Magistrates for examination on the report's subject matter.
Question & Answers
Q1: What type of document can be used as evidence according to Section 327?
A1: Any document purporting to be a report of identification under the hand of an Executive Magistrate regarding a person or property.
Q2: Can the Executive Magistrate be called as a witness in such cases?
A2: No, the report can be used as evidence even if the Magistrate is not called as a witness.
Q3: What happens if the report contains statements from suspects or witnesses?
A3: Such statements cannot be used unless they comply with the provisions of sections 19, 26, 27, 158, or 160 of the Bharatiya Sakshya Adhiniyam, 2023.
Q4: Can the Court summon the Executive Magistrate?
A4: Yes, the Court may summon and examine the Magistrate if it thinks fit or upon the application of the prosecution or accused.
Example
1. An Executive Magistrate prepares an identification report regarding a theft incident. This report can be presented as evidence in the trial without the Magistrate being present.
2. If the identification report includes a statement from a witness that relates to section 19 of the Bharatiya Sakshya Adhiniyam, that statement cannot be used unless it adheres to the legal provisions outlined in that section.
Summary
Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows identification reports by Executive Magistrates to be used as evidence in legal proceedings. It imposes restrictions on the use of statements from suspects or witnesses contained in those reports and provides for the summoning of Magistrates by the Court when necessary.
