Section 327 of BNSS : Section 327: Identification report of Magistrate.

Explanation using Example

Example 1:

Scenario: Identification of a Stolen Vehicle

Context: A car was reported stolen in Mumbai. The police recovered a vehicle matching the description and brought it to the police station. The owner was called to identify the vehicle.

Application of Section 327:

1. An Executive Magistrate was present during the identification process.
2. The owner identified the vehicle as theirs, and the Magistrate prepared an identification report.
3. This report, signed by the Magistrate, stated that the owner positively identified the vehicle as the stolen one.

Legal Use:

• During the trial of the accused for vehicle theft, the identification report prepared by the Magistrate was submitted as evidence.
• The Magistrate was not required to be present in court to testify about the identification process.
• However, if the defense or prosecution requested, the court could summon the Magistrate to testify about the report.

Example 2:

Scenario: Identification of a Suspect in a Robbery Case

Context: A robbery occurred in a Delhi jewelry store. The police apprehended a suspect based on CCTV footage and witness descriptions. The witnesses were called to identify the suspect in a lineup.

Application of Section 327:

1. An Executive Magistrate oversaw the identification lineup.
2. The witnesses identified the suspect from the lineup, and the Magistrate documented this in an identification report.
3. The report included statements from the witnesses about their identification of the suspect.

**Legal Us...

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