Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 324
Code: Section 324
Explanation:
This section deals with the power of the court to adjourn proceedings when a commission is issued under Section 319. It states that when a commission is issued for the purpose of examining witnesses or gathering evidence, the court can adjourn the inquiry, trial, or other proceedings for a period deemed reasonably sufficient for the execution and return of the commission.
Illustration:
In a criminal trial, a crucial witness resides abroad. The court issues a commission to a designated officer in the witness’s location to record the witness’s testimony. Under Section 324, the court can adjourn the trial for a reasonable period, such as a few weeks or months, to allow the commission to be executed and the testimony to be returned.
Common Questions and Answers:
- Q: What is a commission?
- A: A commission is a legal instrument issued by a court that empowers a designated officer to examine witnesses, gather evidence, or perform other specific tasks in a designated location.
- Q: When is a commission usually issued?
- A: Commissions are typically issued when witnesses or relevant evidence are located outside the court’s jurisdiction, making it impractical to bring them to court directly.
- Q: How does Section 324 benefit the court and the parties involved?
- A: It allows for a fair and efficient trial process by providing time for the commission to be executed and the necessary evidence to be collected, ensuring that all parties have access to relevant information.
