Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 325
Code: Section 325 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), formerly known as the Code of Criminal Procedure, 1973.
Explanation:
Section 325 of the BNSS deals with the execution and return of commissions issued by certain courts, judges, and magistrates. It essentially extends the applicability of sections 321, 322, and 323, which relate to the process of executing and returning commissions, to include commissions issued by:
- Courts, judges, or magistrates operating in areas of India where the BNSS does not apply (as specified by the Central Government).
- Courts, judges, or magistrates operating in countries or places outside India (as specified by the Central Government), who have the authority to issue commissions for examining witnesses in criminal matters under the law of that jurisdiction.
Illustration:
Suppose a criminal case is being investigated in India, and a crucial witness resides in a country where the BNSS does not apply. In such a situation, the Indian court, judge, or magistrate handling the case could issue a commission under Section 319 to the competent authority in that foreign country to examine the witness. Section 325 ensures that the execution and return of this commission will be governed by the same procedures outlined in Sections 321, 322, and 323, ensuring a standardized approach.
Common Questions and Answers:
Q: What is the purpose of Section 325?
A: Section 325 ensures uniformity in the process of executing and returning commissions, irrespective of where the issuing court, judge, or magistrate is located, and whether the commission is issued within or outside India.
Q: How does the Central Government specify the jurisdiction of courts, judges, or magistrates covered by Section 325?
A: The Central Government uses notifications to identify specific courts, judges, or magistrates in India and outside India that are covered by Section 325.
Q: What happens if a commission is issued by a court, judge, or magistrate not covered under Section 325?
A: In such cases, the provisions of the law applicable in the country or place where the commission is issued will govern its execution and return.
