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.
