BNSS Section 322 — Parties may examine witnesses

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

If a court issues a commission to record a witness’s statement, the parties involved in the case can send written questions to the court. The court will decide if those questions are relevant, and the person who records the witness’s statement can ask the witness those questions. The parties can also send a lawyer, or appear in person if they are not in custody, to question the witness directly through examination, cross-examination, and re-examination.

Official Text

(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 an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

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)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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