Law4u - Made in India

What Is BNSS Section 320?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 320: Commission to whom to be issued.

(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.

(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribed in this behalf.

Brefe Detail

This section outlines the procedures for issuing a commission to obtain witness testimony in different jurisdictions. It specifies:

  • Who should receive the commission based on the witness's location.
  • The process for witnesses within Indian territory.
  • The approach for witnesses located outside India.

Question & Answers

Q: To whom is the commission directed if the witness is within the territories of the Sanhita?

A: The commission is directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is found.

Q: What happens if the witness is in India but outside the Sanhita's jurisdiction?

A: The commission shall be directed to such Court or officer as specified by the Central Government through notification.

Q: How is the commission handled for witnesses outside India?

A: The commission is issued in a prescribed form directed to a specific Court or officer, and sent to an authority for transmission as determined by the Central Government.

Example

  • If a witness resides in Mumbai, the commission would go to the Chief Judicial Magistrate in Mumbai.
  • If a witness is in a state not covered by the Sanhita, say in Assam, the commission would be sent to a Court specified by the Central Government.
  • For a witness in the UK, if there are arrangements in place, the commission would be directed according to the established protocols between the two governments.

Summary

Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the procedures for issuing commissions to obtain witness testimonies based on the geographical location of the witness. It ensures that proper authorities are designated to facilitate this process, whether the witness is within Indian territories, in a different state, or outside India.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ashwini Borude

Advocate Ashwini Borude

Divorce, Family, Domestic Violence, Criminal, Civil, Cheque Bounce, Consumer Court, Documentation, High Court, Wills Trusts, Succession Certificate, Court Marriage, Child Custody, Breach of Contract, Anticipatory Bail

Get Advice
Advocate Aadil Khan

Advocate Aadil Khan

Court Marriage, Cyber Crime, Criminal, Domestic Violence, Documentation, High Court, Insurance, Family, Immigration, Divorce, Customs & Central Excise, Corporate, Child Custody, Cheque Bounce, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Civil, Consumer Court, GST, Labour & Service, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Recovery, R.T.I, NCLT, Patent, Property, Succession Certificate, Startup, RERA, Supreme Court, Tax, Trademark & Copyright, Revenue, Wills Trusts

Get Advice
Advocate Namit Gupta

Advocate Namit Gupta

Arbitration, Cheque Bounce, Civil, Consumer Court, Divorce, Family, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Succession Certificate

Get Advice
Advocate Rajnikanth Parmar

Advocate Rajnikanth Parmar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Wills Trusts

Get Advice
Advocate Sanjay Sharma

Advocate Sanjay Sharma

Armed Forces Tribunal,Anticipatory Bail,Criminal,Family,Insurance,Muslim Law,Property,Divorce,Civil,Child Custody,Cheque Bounce,

Get Advice
Advocate Amit Kumar Upadhyay

Advocate Amit Kumar Upadhyay

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Divorce, GST, Family, High Court, Labour & Service, Domestic Violence, Medical Negligence, Motor Accident, Muslim Law, Landlord & Tenant, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Mohan Jawale

Advocate Mohan Jawale

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Soumya Das

Advocate Soumya Das

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Criminal, Divorce, Motor Accident

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.