Code: Section 322 BNSS
322. (1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.
Explanation of Section 322 BNSS
Section 322 BNSS outlines the procedure for raising and addressing interrogatories related to a commission issued in any proceeding under this Sanhita. The key aspects of this section include:
-
Submission of Interrogatories:
Parties involved in a proceeding where a commission is issued are allowed to submit written interrogatories. These interrogatories must be relevant to the issue as determined by the Court or Magistrate directing the commission. -
Examination Based on Interrogatories:
The Magistrate, Court, or the designated officer responsible for executing the commission has the authority to examine the witness using the interrogatories forwarded by the parties. This allows the court to obtain targeted information from the witness pertinent to the case. -
Right to Participate in Examination:
Any party may appear before the Magistrate, Court, or officer either through their pleader or in person (if not in custody). They are entitled to examine, cross-examine, and re-examine the witness, ensuring that both sides have the opportunity to clarify and challenge the testimony provided.
This provision enhances the transparency and thoroughness of the examination process, ensuring that the evidence obtained via commissions is rigorously scrutinized by all parties involved.
Illustration
Example 1: Written Interrogatories in a Commission
In a civil case, after a commission is issued to examine a key witness, both the prosecution and the defense submit written interrogatories to the Magistrate. The interrogatories focus on specific aspects of the witness’s testimony that are critical to the case. The Magistrate then examines the witness based on these interrogatories, ensuring that the information is comprehensive and addresses the issues in dispute.
Example 2: Examination, Cross-Examination, and Re-Examination
During a criminal trial, the defense appears in person and exercises its right to cross-examine a witness who was examined by the Magistrate under the commission. The defense poses additional questions, and subsequently, the prosecution re-examines the witness to clarify any discrepancies that emerged during cross-examination. This process, as provided by Section 322, ensures that the witness’s evidence is thoroughly tested and reliable.
Common Questions and Answers on Section 322 BNSS
1. What are interrogatories in the context of this section?
- Answer:
Interrogatories are written questions submitted by the parties to the Court or Magistrate, which are considered relevant to the issue at hand. They are used as a tool to examine the witness in relation to the commission.
2. Who is allowed to submit interrogatories under Section 322?
- Answer:
Both parties involved in the proceeding—whether it is the prosecution, the accused, or any other interested party—are permitted to forward interrogatories in writing.
3. How is the witness examined using these interrogatories?
- Answer:
The Magistrate, Court, or the designated officer to whom the commission is directed (or delegated) may examine the witness based on the interrogatories submitted. This structured examination helps extract focused and relevant testimony.
4. Can parties participate in the examination process?
- Answer:
Yes, any party may appear before the Magistrate, Court, or officer either by pleader or in person (if not in custody) to examine, cross-examine, and re-examine the witness regarding the subject-matter of the commission.
5. What is the purpose of allowing cross-examination and re-examination of the witness?
- Answer:
Cross-examination and re-examination ensure that the evidence provided by the witness is reliable, clear, and free from ambiguity. This process enables both parties to challenge and clarify the witness’s testimony, thereby strengthening the integrity of the judicial process.
Conclusion
Section 322 BNSS facilitates a robust and transparent procedure for the examination of witnesses through written interrogatories. By allowing parties to submit relevant questions and actively participate in the examination, cross-examination, and re-examination of the witness, this provision ensures that the evidence obtained via commissions is meticulously scrutinized. This process promotes fairness and thoroughness in legal proceedings under this Sanhita. For further legal insights and detailed guidance on the use of interrogatories and witness examination, visit ApniLaw.
