Code: Section 325 BNSS
325. (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.
Explanation of Section 325 BNSS
Section 325 BNSS extends the procedural provisions for executing and returning commissions—originally laid out in Sections 321, 322, and 323 for commissions issued under Section 319—to a broader category of judicial officers. The key aspects include:
- Uniform Application of Commission Procedures:
The same rules that govern the execution and return of commissions in cases under Section 319 are to be applied to commissions issued by certain Courts, Judges, or Magistrates. This ensures consistency in how commissions are handled, regardless of the issuing authority. - Specified Jurisdictions:
The section specifically covers two groups:- (a) Judicial officers operating within areas in India where this Sanhita does not extend, as designated by the Central Government.
- (b) Judicial officers in foreign countries or territories, provided they have the legal authority under local law to issue commissions for the examination of witnesses in criminal matters.
This provision allows for a standardized approach to the issuance and execution of commissions even when dealing with cross-jurisdictional or international matters.
Illustration
Example 1: Commission Issued by an Out-of-Jurisdiction Court in India
Suppose a commission is issued by a Magistrate located in a part of India not covered by this Sanhita. The procedures for executing and returning the commission will follow the same rules set forth in Sections 321, 322, and 323—as they would if the commission had been issued under Section 319—thereby ensuring uniformity in the handling of such cases.
Example 2: International Commission Issued by a Foreign Judicial Officer
Consider a case where a commission is issued by a Magistrate in a foreign country, authorized under local law to examine witnesses in criminal matters. Provided that the Central Government has notified this jurisdiction, the commission’s execution and return will be governed by the same procedures as outlined in Sections 321, 322, and 323. This facilitates cooperation and standardization in international legal proceedings involving criminal matters.
Common Questions and Answers on Section 325 BNSS
1. What does Section 325 BNSS primarily deal with?
- Answer:
It applies the provisions concerning the execution and return of commissions (as detailed in Sections 321, 322, and 323) to commissions issued by designated Courts, Judges, or Magistrates, including those outside the primary jurisdiction of this Sanhita.
2. Which judicial officers are covered under this section?
- Answer:
The section covers:- Courts, Judges, or Magistrates operating in areas within India where the Sanhita does not extend, as notified by the Central Government.
- Courts, Judges, or Magistrates in foreign countries or places, provided they have the authority under local law to issue commissions for the examination of witnesses in criminal matters.
3. Why is it important to extend these provisions to foreign jurisdictions?
- Answer:
Extending these provisions ensures a consistent and standardized process for executing and returning commissions, which is essential for the effective administration of justice in cases that involve international elements or cross-jurisdictional issues.
4. How does Section 325 relate to Section 319?
- Answer:
Section 325 mandates that the same rules that apply to commissions issued under Section 319 (as detailed in Sections 321, 322, and 323) shall also apply to commissions issued by the specified Courts, Judges, or Magistrates, ensuring uniformity in procedural practices.
Conclusion
Section 325 BNSS is a critical provision that broadens the scope of procedural rules for executing and returning commissions to include judicial officers both outside the primary jurisdiction of this Sanhita and in foreign territories. By applying the same standards as those governing commissions under Section 319, this section ensures consistency, cooperation, and the efficient handling of cross-jurisdictional and international criminal matters. For more detailed legal insights and guidance on commission procedures and related topics, visit ApniLaw.
