(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.
Bharatiya Nagarik Suraksha Sanhita
Section 327
Identification report of Magistrate
⚡ Quick Answer Reference: Section 327 BNSS
- Provision: Section 327 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section allows a court to use a report from an Executive Magistrate as evidence in a case, even if the Magistrate isn't present in court. However, if the report contains a statement from a suspect or witness, it can only be used under certain conditions.
What does Section 327 of BNSS say?
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What does Section 327 of BNSS mean?
Plain English Explanation
This section allows a court to use a report from an Executive Magistrate as evidence in a case, even if the Magistrate isn't present in court. However, if the report contains a statement from a suspect or witness, it can only be used under certain conditions.
Practical Interpretation
In practice, this section means that a court can rely on a Magistrate's report as evidence, but it must follow specific procedures when dealing with statements from suspects or witnesses.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for using Magistrate reports as evidence in court, while also ensuring that statements from suspects or witnesses are handled in accordance with specific legal requirements.
- •The report must be from an Executive Magistrate.
- •The report must be in respect of a person or property.
- •The report must be under the hand of the Magistrate.
- •The report must not contain a statement from a suspect or witness that is subject to specific legal provisions.
Practical Example of Section 327 BNSS
Rajesh, a police officer, is investigating a theft case. He obtains a report from Executive Magistrate Amit, who identified the stolen property. The report is used as evidence in court, as it meets the requirements of Section 327. However, if the report contained a statement from a suspect, it would need to be handled in accordance with the provisions of Section 19 of the Bharatiya Sakshya Adhiniyam, 2023.
Frequently Asked Questions about Section 327 BNSS
Q: What is the punishment or consequence under Section 327 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically Executive Magistrates.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 327 BNSS
What is Section 327 of BNSS?
Section 327 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Identification report of Magistrate". In plain terms: This section allows a court to use a report from an Executive Magistrate as evidence in a case, even if the Magistrate isn't present in court. However, if the report contains a statement from a suspect or witness, it can only be used under certain conditions.
What is the punishment under Section 327 of BNSS?
Section 327 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 327 of BNSS bailable or non-bailable?
Whether Section 327 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 327 of BNSS?
The essential elements of Section 327 of BNSS are: The report must be from an Executive Magistrate.; The report must be in respect of a person or property.; The report must be under the hand of the Magistrate..
Landmark Judgments under Section 327 BNSS
Sections commonly cited alongside Section 327
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