Section 325 BNSS: Execution of foreign commissions (Formerly Section 290 CrPC)

Section 325 of Bharatiya Nagarik Suraksha Sanhita, 2023: Execution of foreign commissions

Official Bare Act Text

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

(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

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 325

Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 290 of the CrPC, 1973) governs the execution of foreign commissions and commissions issued by courts outside India pursuant to reciprocal bilateral arrangements.

Letters of Request / Reciprocal Treaties: Applies to commissions issued by Courts or Judges in foreign countries with which reciprocal arrangements exist under Central Government treaties.
Execution by Chief Judicial Magistrate: The commission is executed by the CJM or CMM in the same manner as a domestic commission under Section 321.
Return through Diplomatic Channels: The executed evidence is returned to the Central Government or Ministry of External Affairs for onward transmission to the issuing foreign court.

Key Landmark Precedents:

State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: The Supreme Court observed that bilateral treaties and modern technology now allow cross-border testimony to be recorded seamlessly without complex foreign commissions.
Sumitha Pradeep v. Arun Kumar C.K., 2022 SCC OnLine SC 1529: Reaffirmed the necessity of following reciprocal legal assistance treaties (MLAT) in international evidence collection.

Courtroom Practice & Strategic Litigation Guidance:

In cross-border criminal matters or extradition proceedings, verify whether a Mutual Legal Assistance Treaty (MLAT) exists between India and the foreign jurisdiction before drafting commission requests under Section 325.