CrPC Section 290: Execution of Foreign Commissions
Section 290 of the Code of Criminal Procedure, 1973 governed the execution in India of certain commissions issued by courts, judges and magistrates outside the ordinary territorial application of the Code. The corresponding current provision is Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What is a foreign commission in criminal proceedings?
A commission is a judicial authorization to record a witness's evidence through an authorized judicial officer rather than requiring the witness to appear personally before the trial court. In this context, a foreign commission means a commission issued by a court, judge or magistrate falling within the notified categories specified by Section 290 CrPC or Section 325 BNSS. It does not mean that every request from any foreign court is automatically executable in India.
Section 290 CrPC: Statutory provision
290. Execution of foreign commissions.
(1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.
(2) The Courts, Judges and Magistrates referred to in sub-section (1) are-
(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;
(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.
BNSS Section 325: Current corresponding law
Section 325 BNSS, titled "Execution of foreign commissions," substantially preserves the rule contained in CrPC Section 290. It applies the execution and return procedures in BNSS Sections 321, 322 and 323 to qualifying commissions, in the same manner as commissions issued under BNSS Section 319.
Under Section 325(2), the issuing authority must be within a category specified by Central Government notification: either a competent authority in an Indian area outside the Sanhita's territorial operation, or a court, judge or magistrate in a notified country or place outside India that has authority under its local law to issue commissions for examining witnesses in criminal matters.
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D publication), particularly Sections 319 to 325 and 531.
Related provisions: CrPC and BNSS
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 284 | Section 319 | When a commission may be issued |
| Section 286 | Section 321 | Execution of commissions |
| Section 287 | Section 322 | Parties may examine witnesses |
| Section 288 | Section 323 | Return of commission |
| Section 290 | Section 325 | Execution of foreign commissions |
How does execution of a foreign commission work?
1. Verify the issuing authority
Determine whether the court, judge or magistrate issuing the commission falls within a category covered by the applicable Central Government notification. For a foreign authority, its power to issue a commission under the law of its jurisdiction is also necessary.
2. Apply the rules for recording evidence
The competent Indian judicial authority follows the statutory mechanism for executing the commission and taking the witness's evidence. Under BNSS Section 321, the Chief Judicial Magistrate or a magistrate appointed by that officer may summon the witness or proceed to the place where the witness is situated, exercising the prescribed powers.
3. Permit participation where provided by law
The relevant portions of BNSS Section 322 (formerly CrPC Section 287) govern examination of the witness by parties in connection with execution of the commission.
4. Return the executed commission
The applicable provisions of BNSS Section 323 (formerly CrPC Section 288) govern return of the commission and the recorded evidence. The precise handling depends on the governing statutory procedure and the terms of the commission.
Illustrative example
Suppose a criminal court in a country specified by the Central Government needs evidence from a witness residing in India. If the foreign court is authorized under its own law to issue the commission and the statutory conditions are satisfied, the commission may be executed using the procedures adopted by Section 325 BNSS. The provision does not dispense with the need to verify the relevant notification and applicable procedural requirements.
Frequently asked questions
What is the BNSS equivalent of CrPC Section 290?
Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision.
Can any foreign court issue an executable commission to India?
No. The relevant country or place must fall within the Central Government's notification and the issuing court, judge or magistrate must possess the requisite authority under local law.
Is CrPC Section 290 still relevant after 1 July 2024?
Yes, particularly when interpreting earlier proceedings and cases governed by the savings provisions of Section 531 BNSS. The applicable procedural regime depends on the circumstances and commencement status of the matter.
Official legal sources
For the enacted law and statutory updates, consult the India Code portal, the BNSS text published by the Bureau of Police Research and Development and the Gazette of India for relevant commencement and Central Government notifications.
This article provides general legal information. Check the applicable statutory text, notifications and court directions for a particular matter.