BNSS Section 323 — Return of commission

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

After a commission issued to examine a witness has been completed, it must be sent back to the court that issued it along with the witness's recorded statement. The commission, its return, and the deposition must be available for both parties to inspect at reasonable times. Either party may use the deposition as evidence in the case, subject to any valid legal objections, and it will become part of the court record. If the deposition meets the conditions in section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it can also be used as evidence later in the same case before a different court.

Official 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.

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.1 p.1469 — Supreme Court of India (2025)
  • 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.11 p.291 — Supreme Court of India (2025)

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