Section 306 BNSS: Power to issue commission for examination of witness in prison (Formerly Section 271 CrPC)

Section 306 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to issue commission for examination of witness in prison

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 306

Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 271 of the CrPC, 1973) authorizes the Court to issue a commission for the examination of any prisoner confined in jail whose attendance cannot be secured.

Issuance of Commission: The Court may issue a commission for the examination of any prisoner whose evidence is material, where attendance is dispensed with under Chapter XXV.
Application of Chapter XXV: The provisions of Sections 319 to 325 relating to examination on commission apply to commissions issued under this section.
Electronic Means Alternative: Modern practice under BNSS encourages video-link examination within prison premises in lieu of physical commissions.

Key Landmark Precedents:

State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: The Supreme Court noted that virtual video examinations achieve all objectives of commissions without transit expense or security perils.
Dharmanand Pant v. State of U.P., AIR 1957 SC 594: Held that issuance of commissions is discretionary and should not be granted if the other party's cross-examination rights will be compromised.

Courtroom Practice & Strategic Litigation Guidance:

When high-risk undertrial witnesses must depose, propose examination via live audio-video link under Section 306/308 rather than physical movement or prolonged commissions.