Law4u - Made in India

What Is BNSS Section 327?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Abraham Varghese Kadavil

Advocate Abraham Varghese Kadavil

Divorce, Child Custody, Cheque Bounce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Court Marriage, Consumer Court, Criminal, Cyber Crime

Get Advice
Advocate Ravi Kumar Perumal

Advocate Ravi Kumar Perumal

Banking & Finance, Cheque Bounce, Motor Accident, Criminal, Civil

Get Advice
Advocate Wankhede Ravindra B

Advocate Wankhede Ravindra B

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Trademark & Copyright, Motor Accident, Labour & Service, Landlord & Tenant, Insurance, Family, High Court, Cheque Bounce, Banking & Finance, Domestic Violence, Medical Negligence, Recovery, Patent, Property, Revenue, Criminal, Corporate, Arbitration

Get Advice
Advocate Sandeep Lijawana

Advocate Sandeep Lijawana

Civil, Criminal, Family, Property, Cheque Bounce

Get Advice
Advocate Gaurav Kumar

Advocate Gaurav Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, High Court, Property, Recovery, Wills Trusts, R.T.I, Labour & Service, Landlord & Tenant, Family, Consumer Court, Motor Accident, Child Custody

Get Advice
Advocate Dinesh Singh

Advocate Dinesh Singh

Criminal, Anticipatory Bail, Domestic Violence, Family, Cheque Bounce

Get Advice
Advocate Siddhartha Singh Shakya

Advocate Siddhartha Singh Shakya

Civil, Criminal, Cyber Crime, High Court, Supreme Court, Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, R.T.I

Get Advice
Advocate Bajrang Lal

Advocate Bajrang Lal

Anticipatory Bail, Armed Forces Tribunal, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Civil, Child Custody, Cheque Bounce, Consumer Court, Court Marriage, Corporate, Criminal, Customs & Central Excise, Cyber Crime, Divorce, Documentation, High Court, Family, Domestic Violence, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Medical Negligence, Muslim Law, Motor Accident, NCLT, Patent, Startup, RERA, Recovery, R.T.I, Property, Revenue, Wills Trusts, Trademark & Copyright, Succession Certificate

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.