Identification report of Magistrate
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Summary
An Executive Magistrate's signed identification report about a person or property can be admitted as evidence in any inquiry, trial or proceeding under this Sanhita even if the Magistrate is not called to testify. Any statement of a suspect or witness inside that report which falls under specified provisions of the Evidence Act cannot be used except as those provisions allow. The court may summon and examine the Magistrate, and must do so on application by the prosecution or the accused.
Example
Priya files a complaint about a stolen necklace and an Executive Magistrate signs an identification report linking the necklace to her. The court can admit that report as evidence even if the Magistrate is not called to testify. If the report records a suspect's statement covered by the Evidence Act provisions, that part cannot be used except as those provisions permit. Either the prosecution or Priya can ask the court to summon the Magistrate for examination.
Bare Act
Enacted 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 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.
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