Code:
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.]
Explanation:
This section empowers a Magistrate to prepare an identification report in cases where a person is suspected to be involved in an offence. This report is crucial for establishing a connection between the suspect and the crime.
The process involves:
- The Magistrate conducting an identification parade.
- Witnesses identifying the suspect from among a group of individuals.
- The Magistrate recording the observations and the witnesses’ statements.
- The Magistrate preparing a detailed report outlining the identification process and the findings.
Illustration:
Imagine a robbery case where the victim claims to have seen the perpetrator. The investigating officer brings the suspect to the Magistrate, who conducts an identification parade. The victim identifies the suspect, and the Magistrate records this in the identification report. This report becomes crucial evidence in the investigation, linking the suspect to the crime.
Common Questions and Answers:
Q: What is the purpose of this section?
A: To provide a legal framework for conducting identification parades and preparing reports, which are essential in criminal investigations.
Q: Who can conduct an identification parade?
A: Only a Magistrate can conduct an identification parade as per Section 291A.
Q: What are the essential elements of an identification report?
A: Details of the identification parade, the witnesses’ statements, and the Magistrate’s observations and findings.
