Section 327 – Identification Report of Magistrate

Introduction

Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the evidentiary use of an identification report prepared by an Executive Magistrate.

The provision allows a report of identification relating to a person or property to be used as evidence in an inquiry, trial or other proceeding even when the Executive Magistrate who prepared the report is not called as a witness. At the same time, the section preserves the power of the Court to summon the Magistrate for examination and makes such examination mandatory when requested by the prosecution or the accused.

Meaning of Identification Report

An identification report is a document prepared by an Executive Magistrate recording the identification of a person or property.

Section 327 gives such a report evidentiary value when it is under the hand of the Executive Magistrate and concerns the identification of a person or property.

The provision is primarily concerned with the procedural use of the Magistrate’s identification report and not with creating an independent rule that every statement contained in the report is automatically admissible.

Statutory Basis

The relevant provision is:

Section 327, BNSS, 2023 – Identification report of Magistrate

The section contains two principal rules:

• An identification report prepared under the hand of an Executive Magistrate may be used as evidence even if the Magistrate is not called as a witness.
• The Court may summon and examine the Magistrate, and must do so when the prosecution or accused applies for such examination.

Essential Elements

1. Report Must Be Under the Hand of an Executive Magistrate

The document must purport to be a report of identification under the hand of an Executive Magistrate.

The provision therefore specifically identifies the authority whose identification report can be used under Section 327.

2. Identification May Relate to a Person or Property

The report must concern the identification of:

• a person; or
• property.

The section therefore covers identification proceedings relating to both persons and property.

3. Report May Be Used as Evidence

A qualifying identification report may be used as evidence in:

• an inquiry;
• a trial; or
• any other proceeding under the BNSS.

The Magistrate who prepared the report need not necessarily be called as a witness.

4. Statements in the Report Are Subject to the BSA

Section 327 contains an important proviso.

Where the identification report contains a statement of a suspect or witness to which Sections 19, 26, 27, 158 or 160 of the Bharatiya Sakshya Adhiniyam, 2023 apply, that statement cannot be used merely by relying on Section 327.

It must be used in accordance with the requirements of the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023.

Thus, Section 327 does not override the rules governing statements and confessions under the law of evidence.

Procedure

The operation of Section 327 can be understood as follows:

1. An identification of a person or property is conducted.
2. An Executive Magistrate prepares a report of the identification.
3. The report is under the hand of the Executive Magistrate.
4. The report may be used as evidence in an inquiry, trial or other proceeding under the BNSS.
5. The Magistrate need not automatically be called as a witness.
6. The Court may summon and examine the Magistrate if it considers such examination appropriate.
7. If the prosecution or accused applies for examination of the Magistrate, the Court shall summon and examine the Magistrate concerning the subject matter of the report.
8. Any statement contained in the report that falls within the specified provisions of the BSA must satisfy those provisions independently.

Powers and Duties of the Court

Discretionary Power

The Court may, if it thinks fit, summon and examine the Executive Magistrate concerning the subject matter of the identification report.

This allows the Court to seek clarification or further examination where it considers it necessary.

Mandatory Duty

The Court shall, on the application of the prosecution or the accused, summon and examine the Magistrate concerning the subject matter of the report.

Therefore, the right to seek examination of the Magistrate is available to both sides.

Rights of the Accused

The accused is expressly given the ability to apply for the examination of the Executive Magistrate who prepared the identification report.

When such an application is made, the Court is required to summon and examine the Magistrate regarding the subject matter of the report.

This provides an important procedural safeguard where the accused seeks to question or clarify the identification proceedings recorded in the report.

Rights of the Prosecution

The prosecution also has the right to apply for examination of the Executive Magistrate.

The Court is required to summon and examine the Magistrate when the prosecution makes such an application.

Statements of Suspects or Witnesses

The proviso to Section 327 is significant.

An identification report may contain statements made by a suspect or witness. However, Section 327 does not automatically make those statements admissible.

Where Sections 19, 26, 27, 158 or 160 of the Bharatiya Sakshya Adhiniyam, 2023 apply, the statement must satisfy the requirements of the relevant provision of the BSA.

Therefore, the following distinction should be remembered:

Identification report: May be used as evidence under Section 327.

Statement contained in the report: Must independently comply with the applicable provisions of the BSA.

Important Distinctions

Identification Report and Statement of Witness

The identification report is a document prepared under the hand of an Executive Magistrate.

A statement made by a witness contained within that report is a separate evidentiary matter and may be governed by the specific provisions of the BSA.

The mere inclusion of a statement in an identification report does not automatically make the statement admissible.

Identification Report and Oral Evidence of Magistrate

Section 327 permits the report to be used even when the Executive Magistrate is not called as a witness.

However, the Court retains the power to summon the Magistrate and must do so when the prosecution or accused applies for such examination.

Person Identification and Property Identification

Section 327 expressly covers identification in respect of both a person and property.

Therefore, the provision is not limited only to identification of accused persons.

BNSS and CrPC

Section 327 of the BNSS corresponds to Section 291A of the Code of Criminal Procedure, 1973.

The basic statutory mechanism has substantially continued under the BNSS. The provision has been renumbered and incorporated into the BNSS framework.

The important principles remain:

• an identification report of an Executive Magistrate may be used as evidence;
• the Magistrate need not automatically be called as a witness;
• the Court may summon the Magistrate;
• the Court must summon the Magistrate when the prosecution or accused applies;
• statements contained in the report remain subject to the applicable law of evidence.

Relationship with BSA

Section 327 expressly refers to the Bharatiya Sakshya Adhiniyam, 2023.

This is important because BNSS governs criminal procedure, while BSA governs the law of evidence.

The identification report is dealt with procedurally under Section 327. However, statements of suspects or witnesses contained in the report must be dealt with according to Sections 19, 26, 27, 158 or 160 of the BSA, wherever applicable.

Thus, Section 327 cannot be used to bypass the evidentiary restrictions imposed by the BSA.

Example

Suppose an Executive Magistrate prepares a report recording the identification of a particular person during an identification proceeding.

During the subsequent criminal trial, the prosecution seeks to rely upon the identification report.

Under Section 327, the report may be used as evidence even if the Executive Magistrate is not called as a witness.

If the accused applies for the examination of the Magistrate concerning the report, the Court shall summon and examine the Magistrate.

If the report also contains a statement made by a suspect or witness, the admissibility of that statement must be determined according to the applicable provisions of the BSA.

Common Confusion

Does Section 327 mean that the Magistrate never needs to appear in Court?

No.

The Magistrate need not automatically be called merely because the identification report is being used as evidence. However, the Court may summon the Magistrate if it considers it appropriate and must summon the Magistrate when the prosecution or accused applies for examination.

Does every statement contained in an identification report automatically become admissible?

No.

Statements of suspects or witnesses covered by Sections 19, 26, 27, 158 or 160 of the BSA can be used only in accordance with those provisions.

Does Section 327 apply only to identification of accused persons?

No.

The section expressly refers to identification in respect of a person or property.

Topic at a Glance

• Topic: Identification Report of Magistrate
• BNSS Section: Section 327
• Authority: Executive Magistrate
• Subject: Identification of a person or property
• Evidentiary effect: Report may be used as evidence
• Magistrate’s appearance: Not automatically necessary
• Court’s power: May summon and examine the Magistrate
• Application by prosecution or accused: Court shall summon and examine the Magistrate
• Statements in report: Subject to applicable provisions of the BSA
• CrPC Equivalent: Section 291A, CrPC, 1973

Quick Revision

• Section 327 BNSS deals with the identification report of an Executive Magistrate.
• The report may relate to the identification of a person or property.
• The report may be used as evidence in an inquiry, trial or other proceeding under the BNSS.
• The Executive Magistrate who prepared the report need not automatically be called as a witness.
• The Court may summon and examine the Magistrate if it thinks fit.
• The Court shall summon and examine the Magistrate when the prosecution or accused applies.
• Statements of suspects or witnesses contained in the report are subject to Sections 19, 26, 27, 158 and 160 of the Bharatiya Sakshya Adhiniyam, 2023, wherever applicable.
• Section 327 substantially corresponds to Section 291A of the CrPC, 1973.
• Section 327 does not make every statement contained in an identification report automatically admissible.

ALSO READ: Section 326 – Deposition of medical witness

Conclusion

Section 327 BNSS provides a procedural mechanism for using identification reports prepared by Executive Magistrates without requiring the Magistrate’s physical appearance in every case. At the same time, it preserves the ability of both the prosecution and the accused to seek examination of the Magistrate. The provision also makes clear that statements contained in an identification report remain subject to the applicable rules of the Bharatiya Sakshya Adhiniyam, 2023.