Section 291A · Identification report of Magistrate
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1[(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.]
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.]
In the new law
CrPC 291ABNSS 327
327. Identification report of Magistrate.
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Related sections of law
- RelatedIEA §155Impeaching credit of witness
- RelatedIEA §157Former statements of witness may be proved to corroborate later testimony as to same fact
- RelatedIEA §21Proof of admissions against persons making them, and by or on their behalf.
- RelatedIEA §32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons, and expresses feelings relevant to matter in question.
- RelatedIEA §33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.