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Section 321 BNSS to Section 324 BNSS| Section 322 BNSS| Section 323 BNSS

Updated: Feb 7

Section 321 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

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.

Section 322 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Parties may examine witnesses.

(1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.

(2) Any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

Section 323 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Return of commission.

(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.

Section 324 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Adjournment of proceeding.

In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

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