Write a short note on the identification report of the magistrate.

Question: Write a short note on the identification report of the magistrate.

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Answer

Under Section 291A of the Code of Criminal Procedure, any document which is claimed to be a report of identification undersigned by the Executive Magistrate in respect of a person or property can be used as evidence in any inquiry, trial, or other proceedings under the provisions of this Code, although such Magistrate cannot be called as a witness.

However, where such a report contains a statement of any suspect or witness to which provisions of Section 21, Section 32, Section 33, Section 155, or Section 157, of the Indian Evidence Act, 1872 apply, such statement shall not be used under this Sub-Section except in accordance with the provisions of those sections.

Under the existing provisions of the Code, an identification memo is required to be proved in the Court by examination of the Magistrate, who conducted the proceedings.

These facts are generally not disputed. In order to save the time for the Court, a new section 291A is being inserted by the CrPC (Amendment) Act, 2005 with a view to making the memorandum of identification prepared by the Magistrate admissible in evidence without formal proof of facts stated therein. The provision also states that the Court may, if it thinks fit, on the application of the prosecution or of the accused summon and examine such Magistrate as to the subject matter contained in the memorandum of identification.

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