(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.
Bharatiya Nagarik Suraksha Sanhita
Section 320
Commission to whom to be issued
⚡ Quick Answer Reference: Section 320 BNSS
- Provision: Section 320 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section explains how to issue a commission to take evidence from a witness, depending on the witness's location within or outside India.
What does Section 320 of BNSS say?
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What does Section 320 of BNSS mean?
Plain English Explanation
This section explains how to issue a commission to take evidence from a witness, depending on the witness's location within or outside India.
Practical Interpretation
In practice, this section guides courts on directing commissions to appropriate authorities based on the witness's location, ensuring efficient evidence collection.
Core Legal Purpose
The core purpose is to establish a procedure for issuing commissions to take evidence from witnesses located in different jurisdictions, facilitating the administration of justice.
- •The witness's location within the territories to which this Sanhita extends.
- •The witness's location in a State or area to which this Sanhita does not extend, but within India.
- •Arrangements made by the Central Government with foreign governments for taking evidence.
- •Specification by the Central Government of the court, officer, or authority to whom the commission is directed.
Practical Example of Section 320 BNSS
Rajesh, a witness in a criminal case, is located in Mumbai, within the territories to which this Sanhita extends. The court directs a commission to the Chief Judicial Magistrate in Mumbai to take Rajesh's evidence. If Rajesh were in a foreign country with which India has arrangements for evidence collection, the commission would be issued according to those arrangements.
Frequently Asked Questions about Section 320 BNSS
Q: What is the punishment or consequence under Section 320 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of issuing commissions for taking evidence, which can involve both private individuals as witnesses and public entities as part of the legal process.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it does not classify any act as bailable or cognizable.
Common Questions about Section 320 BNSS
What is Section 320 of BNSS?
Section 320 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Commission to whom to be issued". In plain terms: This section explains how to issue a commission to take evidence from a witness, depending on the witness's location within or outside India.
What is the punishment under Section 320 of BNSS?
Section 320 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 320 of BNSS bailable or non-bailable?
Whether Section 320 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 320 of BNSS?
The essential elements of Section 320 of BNSS are: The witness's location within the territories to which this Sanhita extends.; The witness's location in a State or area to which this Sanhita does not extend, but within India.; Arrangements made by the Central Government with foreign governments for taking evidence..
Landmark Judgments under Section 320 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 320
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