Section 327 BNSS: Identification report of Magistrate
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 327 BNSS at a Glance
Section 327 BNSS deals with identification report of Magistrate. It replaced Section 291A CrPC on 1 July 2024.
Section 327 BNSS Bare Act Text
(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.
Source: Section 327, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 327 BNSS in Simple Words
Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Identification report of Magistrate. Under Section 327(1) BNSS, 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 the Sanhita, although such Magistrate is not called as a witness.
Under the proviso, a statement of any suspect or witness in the report to which the provisions of certain sections of the Bharatiya Sakshya Adhiniyam, 2023 apply shall not be used under Section 327(1) BNSS except in accordance with the provisions of those sections. Under Section 327(2) BNSS, 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.
When Section 327 BNSS Applies
- 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 the Sanhita, although such Magistrate is not called as a witness.
- Where such report contains a statement of any suspect or witness to which the provisions of Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 apply, such statement shall not be used under Section 327(1) BNSS except in accordance with the provisions of those sections.
- Under Section 327(2) BNSS, the Court may, if it thinks fit, summon and examine such Magistrate as to the subject-matter of the said report.
- Under Section 327(2) BNSS, the Court 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.
Example of Section 327 BNSS
When Section 327 BNSS Does Not Apply
- Section 327 BNSS speaks of a report of identification under the hand of an Executive Magistrate. It does not deal with the deposition of a medical witness, which is the subject of Section 326 BNSS.
- Section 327 BNSS speaks of a report of identification. It does not deal with the reports of certain Government scientific experts, which are the subject of Section 329 BNSS.
Section 327 BNSS in the CrPC (Previous Law)
Section 327 BNSS replaced Section 291A CrPC from 1 July 2024.
Section 327 BNSS has the same heading as Section 291A CrPC and the same text, except as follows. Section 327(1) BNSS reads this Sanhita where Section 291A(1) CrPC read this Code. The proviso to Section 327(1) BNSS refers to Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 291A(1) CrPC referred to Section 21 of the Indian Evidence Act, 1872, Section 32 of the Indian Evidence Act, 1872, Section 33 of the Indian Evidence Act, 1872, Section 155 of the Indian Evidence Act, 1872 or Section 157 of the Indian Evidence Act, 1872. The words as the case may be, which the proviso to Section 291A(1) CrPC read after the list of sections, are not in the proviso to Section 327(1) BNSS. Section 327(2) BNSS has the same text as Section 291A(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 327 BNSS
Can a report of identification under the hand of an Executive Magistrate be used as evidence under Section 327 BNSS?▼
Section 327(1) BNSS says that 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 the Sanhita, although such Magistrate is not called as a witness.
What does the proviso to Section 327(1) BNSS say about a statement of a suspect or witness?▼
Where such report contains a statement of any suspect or witness to which the provisions of Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 apply, such statement shall not be used under Section 327(1) BNSS except in accordance with the provisions of those sections.
What does Section 327(2) BNSS say about summoning and examining the Magistrate?▼
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.
What changed from Section 291A CrPC to Section 327 BNSS from 1 July 2024?▼
From 1 July 2024, Section 327 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 291A of the Code of Criminal Procedure, 1973. Section 327 BNSS has the same heading as Section 291A CrPC and the same text, except as follows. Section 327(1) BNSS reads this Sanhita where Section 291A(1) CrPC read this Code. The proviso to Section 327(1) BNSS refers to Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 291A(1) CrPC referred to Section 21 of the Indian Evidence Act, 1872, Section 32 of the Indian Evidence Act, 1872, Section 33 of the Indian Evidence Act, 1872, Section 155 of the Indian Evidence Act, 1872 or Section 157 of the Indian Evidence Act, 1872, as the case may be. The words as the case may be are not in Section 327(1) BNSS. Section 327(2) BNSS has the same text as Section 291A(2) CrPC.
Section 327 BNSS: Sub-sections Explained
Section 327(1) BNSS: Identification report of Magistrate
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Bare Act Text
(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.
Section 327(2) BNSS: Identification report of Magistrate
▶
Bare Act Text
(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.
Previous Law
CrPC 291A(2) → Section 327(2) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·