Law4u - Made in India

What Is BNSS Section 321?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 321: Execution of commissions.

Upon receipt of the commission, the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials or warrant-cases under this Sanhita.

Brefe Detail

This section outlines the procedure for executing commissions issued for witness examination. It designates that the Chief Judicial Magistrate or an appointed Judicial Magistrate is responsible for summoning the witness or traveling to their location to take their evidence, employing the same powers as in regular trials or warrant cases.

Question & Answers

Q: Who is responsible for executing the commission?

A: The Chief Judicial Magistrate or a Judicial Magistrate appointed by him.

Q: What must the Magistrate do upon receiving the commission?

A: He must summon the witness or go to the location of the witness to take down their evidence.

Q: Can the Magistrate exercise the same powers as in trials?

A: Yes, the Magistrate may exercise the same powers as in trials or warrant-cases under this Sanhita.

Q: Is the evidence taken down in a specific manner?

A: Yes, the evidence is taken down in the same manner as in trials or warrant-cases.

Example

1. If a witness is located in a different city, the Chief Judicial Magistrate may travel there to take their evidence rather than requiring the witness to attend court.

2. If the commission is issued to examine a witness who is unable to travel due to health issues, the Magistrate can conduct the examination at the witness's location.

Summary

Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies that upon receiving a commission for witness examination, the Chief Judicial Magistrate or an appointed Judicial Magistrate must either summon the witness or travel to their location to take their evidence, utilizing the same powers granted during trials or warrant cases.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajya Lakshmi Bandaru

Advocate Rajya Lakshmi Bandaru

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

Get Advice
Advocate Shaileshkumar A Chauhan

Advocate Shaileshkumar A Chauhan

Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, NCLT, R.T.I, Recovery, Revenue, Anticipatory Bail, Child Custody, Supreme Court, Wills Trusts, Medical Negligence

Get Advice
Advocate Shrikant Potharkar

Advocate Shrikant Potharkar

Cheque Bounce, Civil, Corporate, GST, High Court, Insurance, Labour & Service, NCLT, Tax, Customs & Central Excise

Get Advice
Advocate Dilip Fojmal Jain

Advocate Dilip Fojmal Jain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Tax, Revenue

Get Advice
Advocate Mukesh Singh

Advocate Mukesh Singh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Succession Certificate, Documentation

Get Advice
Advocate Amit Kumar Ojha

Advocate Amit Kumar Ojha

Anticipatory Bail, Property, Recovery, Insurance, Divorce, Documentation, Criminal, Customs & Central Excise, Corporate

Get Advice
Advocate Md Kasim Wasim

Advocate Md Kasim Wasim

Landlord & Tenant,Muslim Law,Property,Recovery,Civil,

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

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.