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.]
1. Ins. by Act 25 of 2005, s. 24 (w.e.f. 23-6-2006).
Code of Criminal Procedure 1973
Section 291A Identification report of Magistrate
Section 291, 292 and 293 of Code of Criminal Procedure 1973 - What is Deposition of medical witness? What is Evidence of Officers of the Mint? What is Reports of certain Government scientific experts?
Section 294, 295 and 296 of Code of Criminal Procedure 1973 - No formal proof of certain documents, What is affidavit in proof of conduct of public servant? What is evidence of formal character on affidavit?
Section 297, 298 and 299 of Code of Criminal Procedure 1973 - What are the authorities before whom affidavits may be sworn? Previous conviction or acquittal how proved? What is record of evidence in absence of accused?
Section 300 of Code of Criminal Procedure 1973 - Person once convicted or acquitted not to be tried for same offence?