Section 323 BNSS: Return of commission (Formerly Section 288 CrPC)

Section 323 of Bharatiya Nagarik Suraksha Sanhita, 2023: Return of commission

Official Bare Act Text

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

(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.

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 323

Section 323 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 288 of the CrPC, 1973) specifies the return of the commission and its reception into evidence during the primary trial.

Return of Deposition: After execution, the commission, along with the recorded deposition and any exhibits, must be returned to the Court from which it was issued.
Reception into Evidence: The deposition of the witness taken on commission shall be received in evidence in the case by the Court and shall form part of the record.
Inspection by Parties: The returned commission and deposition must remain open to inspection by all parties.

Key Landmark Precedents:

Kashmira Singh v. State of M.P., AIR 1952 SC 159: Affirmed that returned commission evidence forms integral part of the primary record and must be scrutinized by the trial court like any other deposition.
State of H.P. v. Mast Ram, (2004) 8 SCC 660: Held that formal reception of commission depositions into evidence must be preceded by verifying that proper cross-examination opportunity was afforded.

Courtroom Practice & Strategic Litigation Guidance:

Inspect the returned commission file immediately upon its receipt by the trial court; if any exhibits or cross-examination questions are missing or mutilated, file immediate objections.