CrPC Section 291A: Identification Report of Magistrate - BNSS Section 327
Section 291A of the Code of Criminal Procedure, 1973 allowed an Executive Magistrate's identification report concerning a person or property to be used in criminal proceedings without routinely requiring the Magistrate to testify. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 327.
Meaning and purpose of an identification report
An identification report is a record prepared under the hand of an Executive Magistrate documenting an identification exercise involving a person or property. For example, it may record a witness's identification of a suspected person or an article during an identification procedure. The report records the exercise; it does not, by itself, establish guilt or eliminate the need to assess the reliability of the identification.
Section 291A CrPC, 1973 - statutory provision
291A. Identification report of Magistrate.
(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.
Legislative history: Inserted by Act 25 of 2005, section 24, with effect from 23 June 2006.
Section 327 BNSS, 2023 - present provision
Section 327 retains the central rule: an Executive Magistrate's signed identification report relating to a person or property may be used in an inquiry, trial or other proceeding even if the Magistrate has not been called as a witness. Its proviso refers to Sections 19, 26, 27, 158 and 160 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in place of the former Evidence Act references.
Under Section 327(2), the court may summon the Magistrate on its own assessment, and must summon and examine the Magistrate if the prosecution or accused applies to do so concerning the report.
Read the official BNSS text hosted by the Bureau of Police Research and Development, including Section 327 and the CrPC-to-BNSS correspondence table.
Evidentiary safeguards and rights of parties
- Use without routine examination: The report can be tendered without first calling the Executive Magistrate, subject to applicable evidentiary rules.
- Statements in the report: A suspect's or witness's statement must satisfy the applicable provisions of the BSA (or the Indian Evidence Act in saved CrPC proceedings); inclusion in the report does not bypass those rules.
- Right to examine the Magistrate: Either prosecution or accused can apply for the Magistrate to be summoned and examined about the report.
- Weight of evidence: Admissibility of the report is distinct from the weight the court assigns to an identification and its surrounding circumstances.
Which provision applies after 1 July 2024?
The BNSS repealed the CrPC, subject to transitional and savings rules. Under Section 531(2)(a) BNSS, appeals, applications, trials, inquiries and investigations pending immediately before commencement are generally continued under the CrPC. The applicable procedural law depends on the stage and circumstances of the particular proceeding; the offence date alone is not always decisive.
For the current rule, consult BNSS Section 327; for proceedings saved under the former Code, consult CrPC Section 291A and the relevant Indian Evidence Act provisions.
Frequently asked questions
What is the equivalent of CrPC Section 291A under the BNSS?
Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Identification report of Magistrate".
Must the Executive Magistrate appear in every case?
No. The report may be used without routinely calling the Magistrate, but the court must summon and examine the Magistrate on an application by the prosecution or accused under the applicable provision.
Does an identification report conclusively prove the accused's identity?
No. The court assesses its probative value along with the other admissible evidence and the circumstances of the identification.
Statutory references
BPR&D - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF). See Sections 327 and 531 and the comparative section table. For statutory texts and notifications, also consult India Code, Government of India.
This article is general legal information and is not a substitute for advice on a specific case.