Section 325 BNSS: Execution of Foreign Commissions
Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the execution and return in India of certain commissions issued by specified Courts, Judges or Magistrates, including authorities in notified places outside India.
Text of Section 325 BNSS
325. Execution of foreign commissions. - (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.
What Section 325 provides
Section 325 does not create a separate method for recording evidence. Instead, it extends the existing BNSS machinery for execution and return of commissions to qualifying commissions issued by specified judicial authorities. The section must therefore be read with the provisions governing commissions for examination of witnesses.
Application of Sections 321, 322 and 323
Sub-section (1) expressly applies Section 321, together with the relevant parts of Section 322 and Section 323, to execution and return of a qualifying foreign commission. These provisions operate in the same manner as they do for commissions issued under Section 319.
Authorities covered by Section 325(2)
The provision covers two broad categories. First, it can apply to a Court, Judge or Magistrate exercising jurisdiction in an area in India to which the BNSS does not extend, where the Central Government specifies that authority or area by notification. Second, it can apply to a Court, Judge or Magistrate in a country or place outside India that is specified by Central Government notification and is legally competent there to issue commissions for examination of witnesses in criminal matters.
Related BNSS provisions
Section 325 forms part of the BNSS provisions on commissions for examination of witnesses. The following provisions are particularly relevant:
Execution of commissions Section 322
Parties may examine witnesses Section 323
Return of commission Section 324
Adjournment of proceeding
Practical effect
Where a commission comes from an authority falling within Section 325(2), the receiving process in India is governed by the specified BNSS provisions on execution, participation of parties and return of the commission. For a commission from outside India, the foreign Court, Judge or Magistrate must also possess authority under the law of that country or place to issue the commission in relation to a criminal matter.