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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence In Inquiries And Trials

Section 323 BNSS: Return of commission

Corresponding CrPC
Section 288 CrPC

Bare Act text

(1) After any commission issued under section 319 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

After a commission issued under section 319 is executed, it is returned with the deposition to the issuing Court or Magistrate. The commission, return and deposition are open to inspection by the parties and, subject to just exceptions, may be read in evidence by either side.

Chapter XXV: Evidence In Inquiries And Trials

  1. 307 Language of Courts
  2. 308 Evidence to be taken in presence of accused
  3. 309 Record in summons-cases and inquiries
  4. 310 Record in warrant-cases
  5. 311 Record in trial before Court of Session
  6. 312 Language of record of evidence
  7. 313 Procedure in regard to such evidence when completed
  8. 314 Interpretation of evidence to accused or his advocate
  9. 315 Remarks respecting demeanour of witness
  10. 316 Record of examination of accused
  11. 317 Interpreter to be bound to interpret truthfully
  12. 318 Record in High Court
  13. 319 When attendance of witness may be dispensed with and commission issued
  14. 320 Commission to whom to be issued
  15. 321 Execution of commissions
  16. 322 Parties may examine witnesses
  17. 323 Return of commission
  18. 324 Adjournment of proceeding
  19. 325 Execution of foreign commissions
  20. 326 Deposition of medical witness
  21. 327 Identification report of Magistrate
  22. 328 Evidence of officers of Mint
  23. 329 Reports of certain Government scientific experts
  24. 330 No formal proof of certain documents
  25. 331 Affidavit in proof of conduct of public servants
  26. 332 Evidence of formal character on affidavit
  27. 333 Authorities before whom affidavits may be sworn
  28. 334 Previous conviction or acquittal how proved
  29. 335 Record of evidence in absence of accused
  30. 336 Evidence of public servants, experts, police officers in certain cases
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