B.—Commissions for the examination of witnessesCentral

Section 327 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi

(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.

Summary

An identification report signed by an Executive Magistrate can be used as evidence in legal proceedings without the Magistrate needing to testify in person.
If a report includes statements from suspects or witnesses covered by specific sections of the Bharatiya Sakshya Adhiniyam, 2023, those statements must follow the rules of those sections.
The Court has the discretion to summon the Magistrate to testify regarding the report.
The Court is required to summon and examine the Magistrate if requested to do so by either the prosecution or the accused.

Practical examples

1An Executive Magistrate conducts a test identification parade where a witness points out the suspect who stole a bike. The magistrate writes a formal report of this identification, and the court later uses it as evidence without needing the magistrate to testify.

2A suspect claims that a witness's statement included in an identification report is illegal. The judge reviews the 2023 Sanhita and agrees that since the statement violates the Bharatiya Sakshya Adhiniyam, it cannot be used as evidence.

FAQ

1. Is the Executive Magistrate required to appear in court to verify an identification report?

Generally, no; the report can be used as evidence without the Magistrate being called as a witness, unless the Court decides to summon them or a party requests it.

2. Can the prosecution or the accused demand that the Magistrate be examined in court?

Yes, the Court is legally obligated to summon and examine the Magistrate if either the prosecution or the accused makes an application for it.

3. Are there limitations on using statements contained within the identification report?

Yes, if the report contains statements subject to sections 19, 26, 27, 158, or 160 of the Bharatiya Sakshya Adhiniyam, 2023, those statements must comply with the provisions of those specific sections.

Test yourself

Q1.Under Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a report of identification is admissible if it is signed by which authority?

Q2.According to Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what can an identification report be about?

Q3.Under Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when can a statement of a suspect in an identification report be excluded from evidence?

Q4.What power does the Court have under Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the Magistrate who wrote the report?

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