Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence In Inquiries And Trials

Section 325 BNSS: Execution of foreign commissions

Corresponding CrPC: Section 290 CrPC

Bare Act text

(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

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

Sections 321 and the relevant parts of sections 322 and 323 apply to commissions issued by the Courts, Judges or Magistrates described in the section, as they apply to commissions under section 319. Those authorities include certain Courts exercising jurisdiction outside India.