Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 320
This section deals with the issuance of a commission to examine a witness in a criminal case.
Code:
320. (1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.
Explanation:
This section outlines the procedure for issuing a commission to examine a witness in a criminal case, depending on the witness’s location:
- Witness within the territories covered by the BNSS: The commission will be directed to the Chief Judicial Magistrate of the area where the witness resides.
- Witness in India but outside the BNSS jurisdiction: The commission will be directed to the Court or officer designated by the Central Government.
- Witness outside India: If arrangements exist for taking evidence of witnesses in criminal matters, the commission will be issued in the prescribed format, directed to the designated Court or officer, and sent to the appropriate authority for transmission, as decided by the Central Government.
Illustration:
Suppose a criminal case is being tried in Delhi, and a crucial witness resides in Mumbai. Since Mumbai is within the territories covered by the BNSS, the commission will be issued to the Chief Judicial Magistrate of Mumbai. The Chief Judicial Magistrate will then conduct the examination of the witness and send the recorded evidence to the court in Delhi.
Common Questions and Answers:
- Q: What is a commission?
- A: A commission is a written order from a court to a designated authority to examine a witness in a specific location.
- Q: Why is a commission necessary?
- A: A commission is issued when it is impractical or impossible for the witness to physically appear in court for examination. It allows for the evidence to be collected and presented to the court.
- Q: What happens if the witness is outside India and there are no arrangements for taking evidence?
- A: In such cases, it may be difficult to obtain the witness’s testimony, and the court may need to consider alternative methods or seek assistance from the foreign government.
