Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 322
Code: Section 322 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure for examining witnesses through a commission in proceedings under the BNSS. It outlines the process for submitting interrogatories, examining witnesses, and the right of parties to participate in the examination.
Illustration:
Imagine a case under the BNSS where a witness residing in another city needs to be examined. Instead of bringing the witness to court, the court can issue a commission to a magistrate or officer in the witness’s city to examine the witness.
The parties involved in the case can submit written interrogatories to the court or magistrate issuing the commission. These questions must be relevant to the case. The magistrate or officer executing the commission then examines the witness based on these interrogatories.
Furthermore, the parties have the right to appear before the magistrate or officer in person or through a lawyer to participate in the examination. They can examine, cross-examine, and re-examine the witness. This allows the parties to directly engage with the witness and ensure that their questions are answered properly.
Common Questions and Answers
Q: What is a commission?
A commission is a formal document issued by a court or magistrate authorizing a designated officer to examine a witness in a different location.
Q: Who can submit interrogatories?
Both parties involved in the proceeding can submit written interrogatories, which must be deemed relevant by the court or magistrate issuing the commission.
Q: How can parties participate in the examination?
Parties can appear before the magistrate or officer executing the commission either in person or through a lawyer. They are allowed to examine, cross-examine, and re-examine the witness.
Q: What happens to the witness’s testimony after the examination?
The magistrate or officer executing the commission will record the witness’s testimony and submit it to the original court for consideration.
