Section 321 BNSS - Execution of Commissions
Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes how a commission issued for examination of a witness is to be executed. The provision operates as part of Chapter XXV, which deals with evidence in inquiries and trials, and follows Sections 319 and 320 concerning the issue of a commission and the authority to whom it is directed.
Text of Section 321 BNSS
321. Execution of commissions.
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.
Meaning and scope of Section 321
A "commission" in this context is a procedural mechanism through which a Court arranges for the evidence of a witness to be recorded without requiring the witness to appear personally before the Court that is conducting the inquiry, trial or other proceeding. The power to issue such a commission is dealt with in Section 319 BNSS, while Section 320 BNSS specifies the authority to whom the commission is to be directed.
Once the commission reaches the Chief Judicial Magistrate, Section 321 requires the commission to be executed by the Chief Judicial Magistrate or by a Magistrate appointed by him for that purpose. The Magistrate may either summon the witness before the Magistrate or go to the place where the witness is situated.
How a commission is executed
- Receipt of commission: The procedure begins when the commission is received by the Chief Judicial Magistrate.
- Delegation: The Chief Judicial Magistrate may execute it personally or appoint another Magistrate to do so.
- Attendance or visit: The witness may be summoned before the Magistrate, or the Magistrate may proceed to the place where the witness is located.
- Recording of evidence: The witness's evidence is recorded in the manner contemplated by the BNSS.
- Powers of the Magistrate: For execution of the commission, the Magistrate may exercise the same powers as in trials of warrant-cases under the BNSS.
Related provisions: Sections 319 to 325 BNSS
Section 321 should be read with the surrounding provisions governing commissions for examination of witnesses. Section 322 deals with participation of the parties and examination of witnesses; Section 323 governs return of the commission; Section 324 concerns adjournment of the proceeding; and Section 325 deals with execution of foreign commissions.
Section 321 BNSS and former Section 286 CrPC
Section 321 BNSS broadly corresponds to Section 286 of the Code of Criminal Procedure, 1973. The central procedure remains substantially similar: a commission received by the competent Magistrate is executed by summoning the witness or proceeding to the witness's location and recording the evidence with powers comparable to those available in a warrant-case trial.
Under the BNSS text, the provision refers to the Chief Judicial Magistrate and a Magistrate appointed by him. The earlier CrPC provision also contained references to the Chief Metropolitan Magistrate and Metropolitan Magistrates. Users dealing with older proceedings should also consider the applicable saving and transitional provisions before relying on the corresponding CrPC provision.
Why Section 321 is important
The provision supports the practical recording of evidence where a witness's attendance before the trial Court has been dispensed with and a commission has been issued. It allows evidence to be collected through a judicial officer while retaining procedural safeguards and powers associated with warrant-case trials.
Official legal sources
For the authoritative text and current status of the Bharatiya Nagarik Suraksha Sanhita, 2023, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.