Law4u - Made in India

What Is BNSS Section 323?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 323: Return of commission.

(1) After any commission issued under section 310 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.

(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court.

Brefe Detail

Section 323 outlines the process for returning a commission after it has been executed. It specifies that the commission, along with the witness deposition, must be returned to the issuing Court or Magistrate. The document must be accessible for inspection by the parties involved and can be used as evidence in the case. Additionally, if the deposition meets certain legal requirements, it can be utilized in future proceedings before another Court.

Question & Answers

What happens after a commission is executed according to Section 323?

After a commission is executed, it must be returned to the issuing Court or Magistrate along with the witness deposition.

Who can inspect the commission and deposition?

The commission, the return, and the deposition must be open for inspection to the parties involved at all reasonable times.

Can the deposition be used as evidence?

Yes, the deposition may be read in evidence by either party in the case, subject to exceptions.

Can a deposition be used in future Court proceedings?

Yes, if it meets the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it can be received as evidence in subsequent stages of the case before another Court.

Example

1. If a witness is examined under a commission and their deposition is returned, both parties can review it.

2. If a party wishes to use the deposition in another trial, they must ensure it meets the legal criteria established in the Bharatiya Sakshya Adhiniyam, 2023.

Summary

Section 323 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the return and handling of a commission after execution. It ensures transparency by allowing parties to inspect the commission and deposition, which can be used as evidence both in the current and future legal proceedings, provided certain legal standards are met.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Munsif Khan

Advocate Munsif Khan

Anticipatory Bail, Cheque Bounce, Corporate, Criminal, Divorce, High Court, Labour & Service, Media and Entertainment

Get Advice
Advocate Jayaraj Kp

Advocate Jayaraj Kp

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue, Bankruptcy & Insolvency, Criminal, Insurance, Motor Accident

Get Advice
Advocate Anand Venkatesh

Advocate Anand Venkatesh

Anticipatory Bail, Civil, Court Marriage, Child Custody, Divorce, Family, High Court, Cheque Bounce

Get Advice
Advocate Wankhede Ravindra B

Advocate Wankhede Ravindra B

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Trademark & Copyright, Motor Accident, Labour & Service, Landlord & Tenant, Insurance, Family, High Court, Cheque Bounce, Banking & Finance, Domestic Violence, Medical Negligence, Recovery, Patent, Property, Revenue, Criminal, Corporate, Arbitration

Get Advice
Advocate Ankit Kumar Rao

Advocate Ankit Kumar Rao

Breach of Contract, Anticipatory Bail, Civil, Consumer Court, Cheque Bounce, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Child Custody

Get Advice
Advocate Karpagam Nithiyanantham

Advocate Karpagam Nithiyanantham

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Patent,Property,R.T.I,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts

Get Advice
Advocate Dase Gowda

Advocate Dase Gowda

Revenue, Divorce, Anticipatory Bail, Domestic Violence, Property

Get Advice
Advocate Hashmita Dilip Punjabi

Advocate Hashmita Dilip Punjabi

Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Recovery, Tax, Revenue, Cheque Bounce, Succession Certificate, Anticipatory Bail, Arbitration

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.