What Is BNSS Section 322?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 322: Parties may examine witnesses.

(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.

(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 the said witness.

Brefe Detail

This section allows parties involved in a proceeding where a commission has been issued to submit written interrogatories relevant to the case. The designated Magistrate or officer can then examine the witness based on these questions. Additionally, parties have the right to appear personally or through a pleader to conduct examinations.

Question & Answers

What can parties do in proceedings under this Sanhita when a commission is issued?

They can forward written interrogatories relevant to the issue to the Court or Magistrate.

Who can examine the witness based on these interrogatories?

The Magistrate, Court, or officer executing the commission can examine the witness.

Can parties appear in person or through a pleader?

Yes, parties may appear by pleader or in person if not in custody.

What rights do parties have regarding the witness?

They can examine, cross-examine, and re-examine the witness.

Example

1. Scenario: In a civil case regarding a property dispute, both parties issue a commission to gather evidence from a key witness.

• Action: Each party submits written questions to the Magistrate.
• Outcome: The Magistrate examines the witness based on these questions, allowing both parties to challenge the testimony through cross-examination.

Summary

Section 322 allows parties in a commission proceeding to submit written interrogatories, facilitating the examination of witnesses. It grants the right for parties to engage in the examination process, ensuring they can effectively present their case.