BNSS Section 320: Commission to whom to be issued
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 25: EVIDENCE IN INQUIRIES AND TRIALS (A.—Mode of taking and recording evidence, B.—Commissions for the examination of witnesses)
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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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 307. Language of Courts
- 308. Evidence to be taken in presence of accused
- 309. Record in summons-cases and inquiries
- 310. Record in warrant-cases
- 311. Record in trial before Court of Session
- 312. Language of record of evidence
- 313. Procedure in regard to such evidence when completed
- 314. Interpretation of evidence to accused or his advocate
- 315. Remarks respecting demeanour of witness
- 316. Record of examination of accused
- 317. Interpreter to be bound to interpret truthfully
- 318. Record in High Court
- 319. When attendance of witness may be dispensed with and commission issued
- 321. Execution of commissions
- 322. Parties may examine witnesses
- 323. Return of commission
- 324. Adjournment of proceeding
- 325. Execution of foreign commissions
- 326. Deposition of medical witness
- 327. Identification report of Magistrate
- 328. Evidence of officers of Mint
- 329. Reports of certain Government scientific experts
- 330. No formal proof of certain documents
- 331. Affidavit in proof of conduct of public servants
- 332. Evidence of formal character on affidavit
- 333. Authorities before whom affidavits may be sworn
- 334. Previous conviction or acquittal how proved
- 335. Record of evidence in absence of accused
- 336. Evidence of public servants, experts, police officers in certain cases