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 Akeel Ahamad

Advocate Akeel Ahamad

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court

Get Advice
Advocate D Nalini

Advocate D Nalini

Documentation, Landlord & Tenant, Property, R.T.I, RERA, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Panchal Narshih Kishanrao

Advocate Panchal Narshih Kishanrao

Court Marriage, Criminal, Domestic Violence, Motor Accident, Property

Get Advice
Advocate Ronak Ali

Advocate Ronak Ali

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Family, Motor Accident, Muslim Law, Property, Divorce, Court Marriage, Banking & Finance, Insurance

Get Advice
Advocate Rajesh Kumar

Advocate Rajesh Kumar

Anticipatory Bail,Cheque Bounce,Civil,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Succession Certificate,

Get Advice
Advocate Chanakya Pathak

Advocate Chanakya Pathak

Civil,Criminal,Family,Cyber Crime,Cheque Bounce,

Get Advice
Advocate Murali Mohan N

Advocate Murali Mohan N

Anticipatory Bail, Breach of Contract, Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Documentation, Divorce, Domestic Violence, Family, Motor Accident, Property, Succession Certificate, Revenue, Landlord & Tenant

Get Advice
Advocate Mohd Mustakeem

Advocate Mohd Mustakeem

Court Marriage, Criminal, Divorce, Domestic Violence, Family

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.