BNSS Section 320 — Commission to whom to be issued

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

If a witness who needs to give evidence is located within the area where this law applies, the legal order (commission) to record their evidence must be sent to the Chief Judicial Magistrate of that area. If the witness is in another part of India where this law does not apply, the order must be sent to a court or officer that the Central Government has officially named for this purpose. If the witness is outside India and the Central Government has made special arrangements with that country for taking evidence in criminal cases, the order will be issued in a specific format, directed to a particular court or officer, and sent through a designated authority, all as notified by the Central Government.

Official Text

(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.

(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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