Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 306
Code: 306
Explanation:
Section 306 of the BNSS clarifies that the provisions of this chapter (relating to the examination of prisoners as witnesses) do not limit the court’s power to issue a commission under Section 319 for examining a prisoner as a witness. Additionally, the provisions of Part B of Chapter XXVI (regarding examination of witnesses on commission) apply to the examination of prisoners on commission just as they apply to any other person.
Illustration:
Suppose a prisoner is a witness in a case. The court can either directly examine the prisoner in the prison or, if necessary, issue a commission under Section 319 for the prisoner’s examination. The process of examining the prisoner on commission would be governed by the provisions of Part B of Chapter XXVI, which apply to all witnesses examined on commission, including prisoners.
Common Questions and Answers:
Q1: What is the purpose of Section 306?
A1: To ensure that the court’s power to examine prisoners as witnesses is not limited by the provisions of this chapter. It also clarifies that the examination of prisoners on commission is subject to the same rules as the examination of any other person on commission.
Q2: Can the court directly examine a prisoner in the prison?
A2: Yes, the court can directly examine a prisoner in the prison. However, Section 306 also allows the court to issue a commission for the examination of the prisoner as a witness.
Q3: What are the provisions of Part B of Chapter XXVI?
A3: These provisions cover the procedures for examining witnesses on commission, including the appointment of the commissioner, the manner of examination, and the recording of evidence.
