Section 320 BNSS: Commission to Whom to Be Issued

Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies the authority to whom a commission for examination of a witness is to be directed. The destination depends on whether the witness is found within the territories where the BNSS extends, elsewhere in India, or outside India.

Current legal status: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its operative provisions came into force on July 1, 2024, subject to the notified exception concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.

Meaning and scope of Section 320 BNSS

A commission in this context is a judicial process used for recording the evidence of a witness without requiring that witness to appear personally before the court that is conducting the inquiry, trial or other proceeding. Section 320 does not itself decide when a commission should be issued. Instead, it identifies the authority to whom the commission is to be addressed after the court decides that examination by commission is appropriate.

Section 320 in brief

If the witness is within the territories to which the BNSS extends, the commission is directed to the Chief Judicial Magistrate having local jurisdiction where the witness is found.
If the witness is in India but in a State or area to which the BNSS does not extend, the commission is directed to the Court or officer specified by the Central Government by notification.
If the witness is outside India and the Central Government has an arrangement with that country or place for taking evidence in criminal matters, the commission follows the form, destination and transmission procedure prescribed by Central Government notification.

Bare provision: Section 320 BNSS

320. Commission to whom to be issued.

(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.

(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.

How Section 320 operates

1. Witness located within the territory where BNSS extends

The commission is addressed to the Chief Judicial Magistrate within whose local jurisdiction the witness is located. This creates a direct domestic channel for execution of the commission.

2. Witness located in another part of India

Where the witness is in India but in a State or area to which the relevant provisions of the BNSS do not extend, the destination of the commission depends on a Central Government notification specifying the appropriate Court or officer.

3. Witness located outside India

For a witness outside India, Section 320 applies where the Central Government has made arrangements with the foreign Government or place for taking evidence in criminal matters. The applicable notification governs the form of the commission, the Court or officer to whom it is directed, and the authority through which it is transmitted.

Relationship with Section 319 BNSS

Section 319 deals with circumstances in which the personal attendance of a witness may be dispensed with and a commission may be issued. Section 320 then deals with the authority to whom that commission is directed. The two provisions therefore operate consecutively in the statutory scheme relating to examination of witnesses by commission.

Official legal resources

For the authoritative text and implementation material, refer to the official Government sources below:

India Code - BNSS, 2023 Ministry of Home Affairs - New Criminal Laws MHA Commencement Notification

← Section 319 BNSS BNSS 2023 Index

Last reviewed: September 11, 2026.