CrPC Section 291A — Identification report of Magistrate

Summary

Sub-section (1) says that a document appearing to be an identification report made and signed by an Executive Magistrate about a person or property may be used as evidence in an inquiry, trial or other proceeding under the Code, even if the Magistrate is not called as a witness. If the report includes a statement by a suspect or witness to which any of the listed sections of the Indian Evidence Act applies, that statement may be used under this sub-section only in accordance with the applicable section.

Sub-section (2) says that the Court may summon and examine the Magistrate about the report. It must do so if the prosecution or the accused applies for this.

Official Text

(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 Code, 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 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), 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.]

Sections referred to

• CrPC §21 — Special Executive Magistrates
• CrPC §32 — Mode of conferring powers
• CrPC §33 — Powers of officers appointed
• CrPC §155 — Information as to non-cognizable cases and investigation of such cases
• CrPC §157 — Procedure for investigation

Old <-> New Code Mapping

• BNSS §327 — Identification report of Magistrate