CrPC 291-A, know when the SDM will give the investigation report to the court as evidence

The Magistrate working under the State Government is called Executive Magistrate. DM, SDM, Tehsildar, Nayab Tehsildar come under them and the magistrates working under the judiciary are called judicial magistrates. Like Chief Judicial Magistrate, First Class Magistrate, Additional District Magistrate, Second Class Magistrate etc.

Judiciary is at the top of both these pillars as even the Executive Magistrate has to be present in the court for witness (evidence). Know when the SDM will give his investigation report as evidence in the court and will also be present in the court for testimony at the behest of the victim or the accused.

Definition of section 291(a) of the Code of Criminal Procedure, 1973

• Any investigation report which is related to any person or any property matter, then the Executive Magistrate will send his report to the court at the time of trial or other proceedings and that report will be part of the evidence record in the court.

• If an Executive Magistrate submits the inquiry report of a suspected person, killed person, missing person, absconding person or absconded person to the Court, he shall give it in accordance with the provisions of the Evidence Act, 1872.

• If the court thinks it appropriate and the accused or the victim person applies that the Executive Magistrate (DM, SDM, Tehsildar etc.) should be present in the court as a witness, then the Executive Magistrate should be present under section 291 (a) of the Code of Criminal Procedure. According to him, he will have to be present for the testimony. Notice: This is a copyright protected post. Do not try to duplicate this article) :- Author BR Ahirwar ,Journalist & Legal Consultant Hoshangabad) 9827737665