Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 323
Code: 323. (1) After any commission issued under section 310 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court.
Explanation
This section deals with the procedure for handling commissions and depositions taken under Section 310 of the BNSS. It outlines the following:
- Return of Commission: After a commission is executed (meaning the witness is examined), it must be returned to the issuing court or magistrate along with the deposition.
- Inspection and Evidence: The commission, its return, and the deposition are open for inspection by all parties involved in the case. These documents can be used as evidence in the case by either party, subject to any valid objections. They become part of the case’s official record.
- Subsequent Use: If the deposition meets the requirements of Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act), it can be used as evidence in a different court at a later stage of the case.
Illustration
Imagine a case where a witness lives abroad. The court issues a commission to a designated official in the witness’s country to examine them. After the examination, the commission, its return, and the deposition are returned to the original court. The parties can then review these documents, and they may be used as evidence in the case. If needed, the deposition can also be presented as evidence in a different court dealing with the same case.
Common Questions and Answers
Q: What is a commission under Section 310?
A: A commission is a formal order issued by a court authorizing a designated individual (like a lawyer or judicial officer) to examine a witness who cannot appear before the court in person. This is often done when witnesses reside outside the court’s jurisdiction.
Q: What are the “just exceptions” mentioned in the section?
A: These refer to valid legal objections that a party might raise to prevent the use of a commission or deposition as evidence. This could include concerns about the reliability of the witness, the process used in the examination, or other procedural issues.
Q: What are the conditions specified by Section 27 of the Bharatiya Sakshya Adhiniyam, 2023?
A: Section 27 of the Indian Evidence Act lays out the requirements for admissibility of depositions in evidence. It ensures that the deposition was taken fairly and in accordance with legal procedures.
