Criminal procedure | Witness evidence

Section 286 CrPC: Execution of Commissions and Section 321 BNSS

Section 286 of the Code of Criminal Procedure, 1973 governed how a Magistrate executes a commission to examine a witness. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 321, effective from 1 July 2024.

Current legal position: The BNSS replaced the CrPC with effect from 1 July 2024. Section 531 of the BNSS contains repeal and savings provisions, including for certain proceedings pending immediately before commencement. The applicable law must therefore be identified with reference to the proceedings and the savings clause.

Section 286 CrPC: Execution of commissions

Section 286 formed part of Chapter XXIII of the Code of Criminal Procedure, 1973, under the provisions governing commissions for examination of witnesses. The section stated:

Upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.

In substance, the provision required the receiving Magistrate to arrange the examination, either by summoning the witness or by going to the witness's location, and to record evidence using the procedural powers available in warrant-case trials.

Section 321 BNSS: Current corresponding provision

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Section 321 is titled "Execution of commissions". It provides:

Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.

Unlike the wording of former Section 286 CrPC, Section 321 BNSS refers to the Chief Judicial Magistrate and a Magistrate appointed by that officer, without separately referring to a Chief Metropolitan Magistrate or Metropolitan Magistrate. The central procedure for examining and recording witness evidence remains substantially similar.

What does execution of a commission mean?

A commission for examination of a witness is a procedural direction allowing evidence to be recorded through an authorized judicial officer instead of requiring the witness to appear personally before the court conducting the case. The power to issue such a commission is addressed by Section 319 BNSS (formerly Section 284 CrPC); execution is addressed by Section 321 BNSS (formerly Section 286 CrPC).

How is a commission executed?

  1. Receipt: The Chief Judicial Magistrate receives the commission issued for examination of a witness.
  2. Assignment: The Chief Judicial Magistrate may execute it or appoint another Magistrate for that purpose.
  3. Witness examination: The Magistrate summons the witness or proceeds to the location where the witness is present.
  4. Recording evidence: The Magistrate records the witness's evidence in the manner and with the powers provided for warrant-case trials.
  5. Return: The executed commission and deposition are returned under Section 323 BNSS, subject to its requirements.

The parties' ability to submit written interrogatories and to examine or cross-examine the witness is dealt with separately under Section 322 BNSS. The execution provision should be read together with these safeguards.

Official texts and further reading

For the operative text, commencement provisions and savings clause, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code or the official BNSS Act PDF. The National Crime Records Bureau's CrPC-BNSS corresponding sections table identifies Section 321 BNSS as the successor to Section 286 CrPC. For additional context, see the Bureau of Police Research and Development's new criminal laws resources.

Updated: 18 October 2026. This article provides general legal information and is not a substitute for advice on the facts and procedural stage of a particular case.