Section 320 of BNSS, 2023 — Commission to Whom to Be Issued

Introduction

Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the person or authority to whom a commission for the examination of a witness may be issued.

It operates after the Court has decided that the attendance of a witness may be dispensed with and that the witness should instead be examined through a commission.

Statutory Basis

Section 320 provides that where a commission is issued under Section 319 for the examination of a witness, the commission may be directed to:

• the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found; or
• such Magistrate as the Chief Judicial Magistrate may appoint for this purpose.

The provision therefore establishes the authority through whom the examination of the witness is to be conducted.

Commission to the Chief Judicial Magistrate

The Court may issue the commission to the Chief Judicial Magistrate within whose local jurisdiction the witness is located.

The Chief Judicial Magistrate can then arrange for the examination of the witness in accordance with the commission.

This is particularly useful where the witness is located outside the territorial jurisdiction of the Court conducting the main proceeding.

Commission to Another Magistrate

The Chief Judicial Magistrate may also appoint another Magistrate to execute the commission.

Therefore, the examination does not necessarily have to be conducted personally by the Chief Judicial Magistrate.

The appointed Magistrate carries out the commission according to its terms and the applicable procedure.

Purpose of Section 320

The provision establishes a practical mechanism for executing commissions.

Its main purposes are:

• to identify the appropriate authority for executing the commission;
• to facilitate examination of witnesses located outside the jurisdiction of the trial Court;
• to avoid unnecessary travel by witnesses;
• to ensure that the examination is conducted by a competent judicial authority; and
• to maintain the reliability of evidence recorded through commission.

Procedure

The basic procedure can be understood as follows:

1. The Court determines that a witness’s personal attendance may be dispensed with.
2. A commission is issued under Section 319.
3. The commission is directed to the Chief Judicial Magistrate within whose jurisdiction the witness is located.
4. The Chief Judicial Magistrate may execute the commission personally or appoint another Magistrate for the purpose.
5. The witness is examined according to the terms of the commission.
6. The evidence obtained through the commission is returned for use in the original proceeding.

Example

Suppose a criminal case is pending before a Court in one district, but an important witness is residing within the jurisdiction of a different Chief Judicial Magistrate.

If the Court decides to examine the witness through a commission, the commission may be issued to the Chief Judicial Magistrate of the area where the witness is located.

That Chief Judicial Magistrate may either conduct the examination or appoint another Magistrate to do so.

Relationship with Section 319

Sections 319 and 320 work together.

Section 319

Deals with when the attendance of a witness may be dispensed with and a commission issued.

Section 320

Deals with to whom the commission is to be issued.

Thus, Section 319 concerns the decision to use a commission, while Section 320 identifies the judicial authority through whom the commission may be executed.

Importance of Territorial Jurisdiction

Section 320 is particularly relevant when the witness is situated outside the territorial jurisdiction of the Court conducting the main proceeding.

Instead of requiring the witness to travel to the trial Court, the commission can be executed through the appropriate Magistrate having jurisdiction over the area where the witness is found.

BNSS and CrPC

Section 320 BNSS corresponds to Section 285 of the Code of Criminal Procedure, 1973.

The basic framework concerning the authority to whom a commission for examination of a witness may be issued has been substantially retained.

Important Points

• Section 320: Commission to whom to be issued.
• It operates in connection with a commission issued under Section 319.
• The commission may be issued to the Chief Judicial Magistrate having jurisdiction over the place where the witness is found.
• The Chief Judicial Magistrate may appoint another Magistrate to execute the commission.
• The provision facilitates examination of witnesses located outside the jurisdiction of the trial Court.
• It helps reduce inconvenience to witnesses.
• Section 320 corresponds to Section 285 CrPC.

Quick Revision

• Section: 320, BNSS, 2023
• Subject: Commission to whom to be issued
• Primary authority: Chief Judicial Magistrate
• Jurisdiction: Area where the witness is to be found
• Alternative: Magistrate appointed by the Chief Judicial Magistrate
• Purpose: Execution of commission for examination of witness
• Related provision: Section 319 BNSS
• Corresponding CrPC provision: Section 285

ALSO READ: Section 319 – When attendance of witness may be dispensed with and commission issued

Conclusion

Section 320 BNSS identifies the judicial authority to whom a commission for examining a witness may be issued. The commission may be directed to the Chief Judicial Magistrate having jurisdiction where the witness is found, who may either execute it or appoint another Magistrate for the purpose. This mechanism makes examination of witnesses outside the trial Court’s jurisdiction more convenient and efficient.