Section 285 CrPC - Commission to Whom to Be Issued
Section 285 of the Code of Criminal Procedure, 1973 specifies the authority to whom a commission for examining a witness is directed. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 320.
Section 285 CrPC - Commission to whom to be issued
The provision addresses three situations according to where the witness is located:
Sub-section (1): Witness within the territorial operation of the CrPC
If the witness is within the territories to which the Code extends, the commission is directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as applicable, within whose local jurisdiction the witness is found.
Sub-section (2): Witness in an area of India outside the Code's operation
If the witness is in India but in a State or area to which the Code does not extend, the commission is directed to a Court or officer specified by the Central Government through notification.
Sub-section (3): Witness outside India
Where the Central Government has made arrangements with a foreign government for taking evidence in criminal matters, the commission must follow the notified form, designated Court or officer and transmission authority.
Section 320 BNSS - Current provision
Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the three-part structure. Its principal textual change is that sub-section (1) directs the commission to the Chief Judicial Magistrate within whose local jurisdiction the witness is found; the separate reference to the Chief Metropolitan Magistrate in the former CrPC provision is not retained.
Under Section 320(2), the Central Government may notify the appropriate Court or officer where the witness is in an Indian area to which the BNSS does not extend. Under Section 320(3), examination of a witness abroad depends on the relevant arrangements with the foreign government and the notified procedure for issuing and transmitting the commission.
Meaning and practical application
What is a commission for examination of a witness?
A commission is a judicial process by which evidence is recorded through an authorized Court or officer instead of requiring the witness to attend the trial Court in person. Section 284 CrPC, corresponding to Section 319 BNSS, sets out when the attendance of a witness may be dispensed with and a commission issued.
Which authority receives the commission?
For a witness within the ordinary territorial operation of the BNSS, the issuing Court directs it to the Chief Judicial Magistrate having jurisdiction over the place where the witness is located. The receiving authority carries out the examination under the applicable procedural rules.
What happens when a witness lives abroad?
A foreign witness is not automatically examined merely because a commission is requested. Section 320(3) requires relevant government arrangements and compliance with the prescribed route for sending the commission. The appropriate procedure may depend on the country and applicable government notifications.
Related safeguards
The connected provisions deal with execution of commissions, participation by parties and return of the recorded evidence. Under the BNSS these matters are addressed in Sections 321, 322 and 323 respectively. Courts must also observe the applicable rules of evidence and procedural fairness.
Frequently asked questions
What is the equivalent of Section 285 CrPC in the BNSS?
Section 320 BNSS, titled "Commission to whom to be issued," corresponds to Section 285 CrPC.
Can a commission be sent directly to any magistrate?
For a witness within the territories covered by the BNSS, Section 320(1) specifies the Chief Judicial Magistrate having local jurisdiction. Other circumstances are governed by sub-sections (2) and (3).
Does Section 320 BNSS itself authorize issuing a commission?
Section 320 identifies the recipient and transmission arrangements. Section 319 BNSS provides the principal rule on dispensing with a witness's attendance and issuing a commission.
Official legal sources
Consult the India Code record for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the official BNSS text hosted by the Bureau of Police Research and Development. Refer to Sections 319 to 323 for the complete statutory framework.
This article is for general legal information. Application to a particular case depends on the relevant statute, commencement and savings provisions, judicial orders and current notifications.