- 11-Nov-2024
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(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.
This section outlines the procedures for issuing a commission to obtain witness testimony in different jurisdictions. It specifies:
A: The commission is directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is found.
A: The commission shall be directed to such Court or officer as specified by the Central Government through notification.
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.
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.
Answer By Law4u TeamDiscover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.