Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 321
Code: Section 321 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure for summoning and examining witnesses in cases where the Chief Judicial Magistrate or Judicial Magistrate has been appointed to commission them.
It states that upon receiving the commission, the designated magistrate must summon the witness to appear before them or travel to the witness’s location to take down their evidence.
The magistrate is empowered to use the same procedures and powers as in regular trials or warrant cases under the BNSS, ensuring a fair and consistent approach to evidence collection.
Illustration:
Imagine a case where a witness residing in a remote village needs to testify in a criminal trial in a city. The Chief Judicial Magistrate, upon receiving a commission, can either summon the witness to appear in the city court or travel to the village and record their evidence there. The magistrate has the power to administer oaths, examine the witness, and record their testimony, following the same procedures as in a regular trial.
Common Questions and Answers:
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Q: What is a commission?
A: A commission is a formal request from a court to another magistrate to examine a witness outside the court’s jurisdiction. -
Q: Why might a witness be examined under a commission?
A: There are several reasons, including:- The witness is unable to travel to the court due to illness, age, or other constraints.
- The witness resides in a different jurisdiction.
- The witness is a foreign national.
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Q: What powers does the magistrate have when examining a witness under a commission?
A: The magistrate can exercise the same powers as in a regular trial, including:- Administering oaths.
- Examining the witness.
- Recording the testimony.
- Compelling the witness to answer questions.
- Issuing warrants for the witness’s attendance if necessary.
