Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 327
Code: 327
Explanation: This section deals with the admissibility of identification reports prepared by Executive Magistrates in proceedings under the BNSS. It states that such reports, even without the Magistrate’s presence as a witness, can be used as evidence. However, certain limitations are imposed:
- Statements by suspects or witnesses in the report, if they fall under sections 19, 26, 27, 158, or 160 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act), cannot be used unless those sections’ provisions are adhered to.
The court retains the power to summon and examine the Executive Magistrate regarding the report’s contents, either on its own discretion or at the request of the prosecution or accused.
Illustration:
A police officer investigating a theft case submits a report to the court, including an identification report prepared by an Executive Magistrate who identified the suspect at the scene. This report, under Section 327, can be used as evidence in the trial, even though the Magistrate is not present as a witness.
Common Questions and Answers:
- Q: Can any document purporting to be an identification report be used as evidence?
A: No, the document must be prepared by an Executive Magistrate and must genuinely be an identification report. - Q: Are there any exceptions to the admissibility of identification reports?
A: Yes, statements made by suspects or witnesses in the report, covered by certain sections of the Indian Evidence Act, cannot be used without following those specific provisions. - Q: What if the court wants to cross-examine the Executive Magistrate who prepared the report?
A: The court can summon and examine the Magistrate if it deems fit or if either the prosecution or accused requests it.
