What Is BNSS Section 325?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 325: Execution of Foreign Commissions

(1) The provisions of section 321 and so much of section 322 and section 323 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 319.

(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 Sanhita 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.

Brief Detail

Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the execution of foreign commissions. It states that the provisions regarding the execution and return of commissions are applicable to those issued by certain courts, judges, or magistrates both within and outside India. The section specifies the jurisdictions of these authorities as determined by the Central Government through notifications.

Question & Answers

Q1: What does Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?

A1: It addresses the execution of foreign commissions.

Q2: Which sections are referenced in relation to the execution of commissions?

A2: Sections 321, 322, and 323 are referenced, particularly their provisions on the execution and return of commissions.

Q3: Who can issue commissions as per Section 325?

A3: Courts, judges, and magistrates within specified jurisdictions in India and abroad, as determined by the Central Government.

Q4: How does the Central Government specify the jurisdictions?

A4: The Central Government specifies jurisdictions through notifications.

Q5: What authority must foreign courts have to issue commissions?

A5: They must have the authority under the law in force in their country or place to issue commissions for the examination of witnesses in criminal matters.

Example

• A magistrate in India issues a commission for a witness to provide testimony in a criminal case.
• A foreign court, recognized by the Central Government, issues a commission for a witness living abroad to testify in an Indian criminal case.

Summary

Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that the execution of commissions issued by both Indian and foreign judicial authorities is governed by similar provisions, facilitating the examination of witnesses in criminal matters across jurisdictions. The section grants the Central Government the power to specify which courts and jurisdictions are included.