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BNSS, 2023
Start Practicing
BNSSChapter XXVSection 321
Section321

Execution of commissions

AI Assist

Summary

On receipt of a commission, the Chief Judicial Magistrate or a Magistrate he appoints must either summon the witness or go to where the witness is, and record the witness's evidence in the same manner as in trials of warrant-cases. For that purpose the Magistrate may exercise the same powers as in warrant-case trials, including summoning and examining witnesses. This lets evidence be taken outside the original court with full judicial authority.

Example

Priya lives in another town and is a witness in a theft case. After the court sends a commission, the Chief Judicial Magistrate summons Priya or goes to her town and records her testimony the same way as in a warrant-case, using the same powers to examine and compel attendance. Priya's evidence is officially recorded without her having to travel to the original court.

Bare Act

Enacted text

Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.

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XXV

Chapter XXV

Evidence in Inquiries and Trials

In this chapter

  • 307Language of Courts
  • 308Evidence to be taken in presence of accused
  • 309Record in summonscases and inquiries
  • 310Record in warrant-cases
  • 311Record in trial before Court of Session
  • 312Language of record of evidence
  • 313Procedure in regard to such evidence when completed
  • 314Interpretation of evidence to accused or his advocate
  • 315Remarks Respecting demeanour of witness
  • 316Record of Examination of accused
  • 317Interpreter to be bound to interpret truthfully
  • 318Record in High Court
  • 319When attendance of witness may be dispensed with and commission issued
  • 320Commission to whom to be issued
  • 321Execution of commissions
  • 322Parties may examine witnesses
  • 323Return of commission
  • 324Adjournment of proceeding
  • 325Execution of Foreign commissions
  • 326Deposition of Medical witness
  • 327Identification report of Magistrate
  • 328Evidence of officers of Mint
  • 329Reports of Certain Government Scientific experts
  • 330No formal proof of certain documents
  • 331Affidavit in proof of conduct of public servants
  • 332Evidence of formal character on affidavit
  • 333Authorities before whom affidavits may be sworn
  • 334Previous conviction or acquittal how proved
  • 335Record of evidence in absence of accused
  • 336Evidence of public servants, experts, police officers in certain cases
Previous · Section 320Commission to whom to be issuedNext · Section 322Parties may examine witnesses