327. (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, 2023
Section 321 Execution of commissions
Section 322 Parties may examine witnesses
Section 323 Return of commission
Section 324 Adjournment of proceeding
Section 325 Execution of foreign commissions
Section 326 Deposition of medical witness
Section 327 Identification report of Magistrate
Section 328 Evidence of officers of Mint
Section 329 Reports of certain Government scientific experts