Bharatiya Nagarik Suraksha Sanhita

Section 321

Execution of commissions

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⚡ Quick Answer Reference: Section 321 BNSS

Provision: Section 321 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: has been commenced under this Sanhita.
Jurisdiction: India
Summary: This section explains how a commission to take evidence is executed. A magistrate summons the witness and records their evidence, using the same powers as in warrant-case trials.

Statutory Content

What does Section 321 of BNSS say?

Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.

Indian StandardSection 321, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 321 (India)

Court Pleading StandardSection 321 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 321 of BNSS mean?

Plain English Explanation

This section explains how a commission to take evidence is executed. A magistrate summons the witness and records their evidence, using the same powers as in warrant-case trials.

Practical Interpretation

In practice, this section allows magistrates to efficiently gather evidence from witnesses, either by summoning them to court or proceeding to where the witness is located.

Core Legal Purpose

The core purpose is to facilitate the collection of evidence in a fair and efficient manner, ensuring that witnesses can provide testimony without undue inconvenience or delay.

Key Legal Elements

•Receipt of the commission by the Chief Judicial Magistrate
•Appointment of a magistrate to execute the commission
•Summoning the witness or proceeding to the witness's location
•Exercise of powers to take down evidence as in warrant-case trials

Practical Example

Practical Example of Section 321 BNSS

Rajesh, a key witness in a case, is unable to attend court due to illness. The Chief Judicial Magistrate issues a commission to record Rajesh's evidence at his home. The appointed magistrate proceeds to Rajesh's residence, summons him, and takes down his evidence in the presence of the parties, if required, thus facilitating the collection of crucial testimony without requiring Rajesh to physically appear in court.

Common Questions (FAQ)

Frequently Asked Questions about Section 321 BNSS

Q: What is the punishment or consequence under Section 321 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 execution of commissions in the context of legal proceedings, which may involve private individuals or public entities as parties or witnesses.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, it is a procedural provision related to the execution of commissions.

Common Questions about Section 321 BNSS

What is Section 321 of BNSS?

Section 321 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Execution of commissions". In plain terms: This section explains how a commission to take evidence is executed. A magistrate summons the witness and records their evidence, using the same powers as in warrant-case trials.

What is the punishment under Section 321 of BNSS?

Section 321 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 321 of BNSS bailable or non-bailable?

Whether Section 321 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 321 of BNSS?

The essential elements of Section 321 of BNSS are: Receipt of the commission by the Chief Judicial Magistrate; Appointment of a magistrate to execute the commission; Summoning the witness or proceeding to the witness's location.

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