Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 323
Code: Section 323 BNSS
323. (1) After any commission issued under Section 310 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions specified by Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court.
Explanation of Section 323 BNSS
Section 323 BNSS establishes the procedures for handling commissions issued under Section 310, detailing how they are to be executed, returned, and admitted as evidence. The key components of this section include:
- Execution and Return of Commission:
Once a commission issued under Section 310 has been executed, it must be returned to the issuing Court or Magistrate along with the deposition of the witness examined under that commission. This ensures that all relevant records are properly documented and archived. - Inspection and Admission as Evidence:
The commission, its return, and the accompanying deposition are available for inspection by the parties at all reasonable times. Moreover, subject to any just exceptions, these documents may be read in evidence by either party and will become an integral part of the case record. - Subsequent Use of Depositions:
If the deposition meets the conditions outlined in Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it can be admitted as evidence in later stages of the case before another Court. This provision facilitates the use of previously gathered evidence, thereby promoting continuity and consistency in legal proceedings.
Illustration
Example 1: Returning a Commission in a Criminal Trial
In a criminal trial, a commission was issued under Section 310 to examine a witness. After the witness was examined, the executed commission, along with the deposition of the witness, was returned to the issuing Magistrate. Both the commission and the deposition were made available for inspection by both parties and were subsequently read into evidence during the trial, forming part of the official record.
Example 2: Subsequent Use of a Deposition
In a subsequent appeal before another Court, a deposition taken earlier under Section 323 was presented as evidence. Since it satisfied the conditions specified in Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, the deposition was accepted by the Court, thereby ensuring consistency in the evidentiary record across different stages of the case.
Common Questions and Answers on Section 323 BNSS
1. What must be done after a commission issued under Section 310 is executed?
- Answer:
The executed commission, along with the deposition of the witness examined under it, must be returned to the issuing Court or Magistrate.
2. Can the returned commission and deposition be inspected by the parties?
- Answer:
Yes, they must be open for inspection at all reasonable times by the parties involved in the case.
3. Are the commission and deposition admissible as evidence?
- Answer:
Yes, subject to all just exceptions, both the commission and the deposition may be read in evidence by either party and will form part of the case record.
4. Can a deposition be used in a subsequent stage of the case before another Court?
- Answer:
Yes, if the deposition meets the conditions specified in Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it may be received in evidence at any later stage before another Court.
Conclusion
Section 323 BNSS ensures that the procedural integrity of commissions issued under Section 310 is maintained by mandating their execution, return, and availability for inspection and evidence. By allowing these documents to form an integral part of the case record and facilitating their subsequent use under specified conditions, this section promotes a comprehensive and continuous evidentiary process. For further legal insights and detailed guidance on commission procedures and evidentiary practices, visit ApniLaw.
