Identification report of Magistrate
AI Assist
Summary
A document signed by an Executive Magistrate identifying a person or property can be used as evidence in any inquiry, trial or other proceeding under this Code even if the Magistrate is not called as a witness. Any statement in that report which falls under sections 21, 32, 33, 155 or 157 of the Indian Evidence Act may be used only in the manner those sections allow. The court may summon the Magistrate, and must do so on application by the prosecution or the accused.
Example
Priya points out a stolen scooter to an Executive Magistrate, who signs an identification report. The court may admit that report as evidence in the trial even if the Magistrate is not called. If the report contains a statement by Priya or a suspect that falls under sections 21, 32, 33, 155 or 157 of the Indian Evidence Act, that statement can be used only as those sections permit.
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 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.
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