Section 291A CrPC: Identification report of Magistrate

Code of Criminal Procedure, 1973

Section 291A CrPC at a Glance

Section 291A CrPC deals with identification report of Magistrate. From 1 July 2024 it is replaced by Section 327 BNSS.

Now BNSS

What Section 291A CrPC Says

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.

Source: Section 291A, Code of Criminal Procedure, 1973

Section 291A CrPC in Simple Words

Section 291A of the Code of Criminal Procedure, 1973 is headed Identification report of Magistrate. Under Section 291A(1) CrPC, 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 Code, 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 Indian Evidence Act, 1872 apply shall not be used under Section 291A(1) CrPC except in accordance with the provisions of those sections. Under Section 291A(2) CrPC, 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 291A CrPC 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 Code, 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 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, apply, such statement shall not be used under Section 291A(1) CrPC except in accordance with the provisions of those sections.
Under Section 291A(2) CrPC, the Court may, if it thinks fit, summon and examine such Magistrate as to the subject-matter of the said report.
Under Section 291A(2) CrPC, 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 291A CrPC

Rajesh Sharma is an Executive Magistrate who signs a report of identification in respect of a person, Vikram, and the prosecution tenders the report in a trial under the Code of Criminal Procedure, 1973. Under Section 291A(1) CrPC, the report may be used as evidence in the trial, although Rajesh Sharma is not called as a witness. Vikram is the accused and applies under Section 291A(2) CrPC. Under Section 291A(2) CrPC, the Court shall, on the application of the accused, summon and examine Rajesh Sharma as to the subject-matter of the said report.

When Section 291A CrPC Does Not Apply

Section 291A CrPC 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 291 CrPC.
Section 291A CrPC speaks of a report of identification. It does not deal with the reports of certain Government scientific experts, which are the subject of Section 293 CrPC.

Section 291A CrPC Under BNSS 327: What Changed

Section 291A CrPC is now covered under Section 327 BNSS.

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.

View detailed comparison (CrPC 291A vs BNSS 327) →

FAQs on Section 291A CrPC

Can a report of identification under the hand of an Executive Magistrate be used as evidence under Section 291A CrPC?▼

Section 291A(1) CrPC 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 Code, although such Magistrate is not called as a witness.

What does the proviso to Section 291A(1) CrPC 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 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, apply, such statement shall not be used under Section 291A(1) CrPC except in accordance with the provisions of those sections.

What does Section 291A(2) CrPC 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.

Where is Section 291A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 291A(1) CrPC is found in Section 327(1) BNSS and Section 291A(2) CrPC in Section 327(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·