Criminal procedure | Witness commissions | Updated 19 October 2026

Section 287 CrPC: Parties May Examine Witnesses - Section 322 BNSS

Section 287 of the Code of Criminal Procedure, 1973 safeguards the parties' ability to question a witness whose evidence is taken on commission rather than through ordinary attendance in the trial court. Its corresponding current provision is Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

What is examination of witnesses on commission?

A commission for examination of a witness is a judicial direction allowing a designated court, magistrate or officer to record a witness's evidence when requiring attendance before the trial court would involve unreasonable delay, expense or inconvenience, or another statutory ground applies. Under the earlier CrPC this process was principally addressed by Sections 284 to 289; the corresponding BNSS provisions are Sections 319 to 324.

Interrogatories are written questions submitted for a witness to answer. Examination-in-chief is the initial questioning by the party calling the witness; cross-examination is questioning by the opposing party; and re-examination is further questioning by the party who called the witness, generally to clarify matters arising in cross-examination. Section 287 specifically preserves questioning rights during commission evidence.

Section 287 CrPC - Original statutory text

287. Parties may examine witnesses

Sub-section (1). The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.

Sub-section (2). Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

The text above is preserved from Section 287 of the Code of Criminal Procedure, 1973, with typographical formatting standardized.

Section 322 BNSS - Current provision

Section 322 BNSS, titled "Parties may examine witnesses", provides the following:

Sub-section (1). The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.

Sub-section (2). Any such party may appear before such Magistrate, Court or officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

The procedure remains substantially similar. The BNSS uses "advocate" instead of the earlier reference to "pleader" and omits the phrase "as the case may be" from the second sub-section.

Rights of parties under the provision

1. Submit written questions: Each party may propose interrogatories to be put to the witness, subject to the issuing court or magistrate finding them relevant.
2. Participate through counsel: A party may appear through an advocate before the court or officer executing the commission.
3. Appear personally when permitted: A party not in custody may attend in person, subject to the lawful procedure and directions governing the commission.
4. Examine and challenge evidence: The parties may examine, cross-examine and re-examine the witness, preserving adversarial testing of the testimony.
5. Rely on recorded testimony: The deposition is returned with the commission under the applicable return-of-commission provision, and its use remains subject to evidentiary and procedural requirements.

How witness examination on commission works

1. Commission ordered: The court determines whether attendance may be dispensed with under Section 319 BNSS (earlier Section 284 CrPC).
2. Commission addressed and executed: The authority to whom it is issued is determined under Sections 320 and 321 BNSS (earlier Sections 285 and 286 CrPC).
3. Written interrogatories considered: The parties submit relevant questions for approval under Section 322(1) BNSS.
4. Evidence recorded: The executing court or officer examines the witness, and the parties exercise their permitted questioning rights under Section 322(2).
5. Commission returned: The deposition and commission are returned to the issuing court under Section 323 BNSS (earlier Section 288 CrPC).

Illustrative example

Suppose a material witness resides far from the trial court and attendance would cause unreasonable expense or inconvenience. If the court lawfully issues a commission, the prosecution and defence may send relevant written questions. Their advocates may participate in examination and cross-examination before the officer executing the commission. The recorded deposition is then returned to the trial court in accordance with the statutory procedure. Whether a commission should be issued depends on the facts and the court's judicial determination.

CrPC and BNSS provisions at a glance

Frequently asked questions

Official legislation and related reading

• India Code - Government of India official legislation database (search the BNSS, 2023 and CrPC, 1973).
• Bureau of Police Research and Development - BNSS statutory comparison (PDF), including Section 322.
• Tripura Police - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF).
• Code of Criminal Procedure - overview and section index.

This page is general legal information. Refer to the official statute and the court's directions for a particular proceeding.