Code: Section 320 BNSS
320. (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.
Explanation of Section 320 BNSS
Section 320 BNSS governs the procedure for directing commissions for the examination of witnesses based on their geographic location. Its provisions ensure that the appropriate judicial or administrative authority handles the commission, thereby facilitating the smooth gathering of evidence across different territories. The key points include:
- Within Territorial Jurisdiction:
When a witness is located within the territories to which this Sanhita applies, the commission is directed to the Chief Judicial Magistrate in whose local jurisdiction the witness is found. This ensures local handling and expedites the process of taking evidence. - Outside the Sanhita’s Territorial Reach in India:
If the witness is in India but resides in a State or area not covered by this Sanhita, the commission is directed to a Court or officer specified by the Central Government. This provision allows for a coordinated approach in regions with differing legal jurisdictions. - International Arrangements:
For witnesses located outside India, provided that the Central Government has made arrangements with the relevant foreign authorities, the commission is formatted and directed as prescribed by the Central Government. The commission is then transmitted via the appropriate authority. This ensures that international cooperation is maintained in criminal matters where evidence is required from abroad.
Illustration
Example 1: Local Witness Within Jurisdiction
A witness residing in a city within the territories governed by this Sanhita is identified as key to a criminal inquiry. The commission is directed to the Chief Judicial Magistrate of that local jurisdiction. The Magistrate then arranges for the witness’s examination, ensuring a prompt and orderly process.
Example 2: Witness in an Area Outside the Sanhita’s Reach in India
In a case where the witness is located in a neighboring State not covered by this Sanhita, the Central Government’s notification designates a specific Court to handle the commission. The commission is thereby processed through the designated authority, ensuring that the evidence can be obtained despite the differing territorial jurisdictions.
Example 3: International Witness
A crucial witness is located in a foreign country. Due to pre-arranged agreements between the Central Government and the foreign government, the commission is prepared in the required format and directed to the appropriate foreign judicial officer. The commission is sent to the relevant authority for transmission, enabling the witness’s evidence to be collected in a manner compliant with both Indian and local laws.
Common Questions and Answers on Section 320 BNSS
1. Who handles a commission if the witness is located within the Sanhita’s territory?
- Answer:
The commission is directed to the Chief Judicial Magistrate in the local jurisdiction where the witness is found.
2. What happens if the witness is in a part of India not covered by this Sanhita?
- Answer:
The commission is directed to the Court or officer specified by the Central Government through notification.
3. How is evidence obtained from a witness located outside India?
- Answer:
Provided that international arrangements are in place, the commission is issued in a prescribed format, directed to the appropriate foreign Court or officer, and transmitted by the designated authority as per the Central Government’s notification.
4. Why is it necessary to direct commissions differently based on the witness’s location?
- Answer:
Different geographic locations may fall under different jurisdictions or legal systems. Directing commissions appropriately ensures that evidence is collected in a manner that is legally compliant, efficient, and respectful of both local and international protocols.
Conclusion
Section 320 BNSS provides a structured framework for directing commissions based on the location of the witness, whether within the territorial jurisdiction of the Sanhita, in other parts of India, or internationally. By ensuring that commissions are directed to the appropriate judicial or administrative authority, this provision facilitates the efficient collection of evidence while maintaining adherence to legal and procedural requirements. For further legal insights and comprehensive guidance on the application of this provision, visit ApniLaw.
