Section 321 BNSS: Execution of commissions (Formerly Section 286 CrPC)

Section 321 of Bharatiya Nagarik Suraksha Sanhita, 2023: Execution of commissions

Official Bare Act Text

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

Upon receipt of the commission, the Chief Judicial Magistrate or such 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 of warrant-cases under this Sanhita.

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 321

Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 286 of the CrPC, 1973) details the execution of commissions, requiring the designated Magistrate to summon the witness and record evidence in the same manner as in a warrant case.

Summoning Witness: The Commissioner or Magistrate shall proceed to the place where the witness is or shall summon the witness before them.
Warrant Case Mode: Evidence must be recorded in the same manner and with like powers as in the trial of warrant cases.
Cross-examination Rights: All parties possess the statutory right to examine, cross-examine, and re-examine the witness under commission.

Key Landmark Precedents:

Dharmanand Pant v. State of U.P., AIR 1957 SC 594: Held that the execution of a commission without giving adequate notice and opportunity to the opposing party to cross-examine renders the deposition inadmissible.
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: Affirmed that the full panoply of cross-examination rights must be preserved during commission proceedings.

Courtroom Practice & Strategic Litigation Guidance:

Ensure you receive timely formal notice of the commission hearing date; brief local counsel or attend in person to conduct cross-examination before the executing magistrate.