Bharatiya Nagarik Suraksha Sanhita

Section 322

Parties may examine witnesses

⚖️ Bail Procedure Guide 🔨 Punishment & Liability Guide

⚡ Quick Answer Reference: Section 322 BNSS

Provision: Section 322 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: has been commenced under this Sanhita.
Jurisdiction: India
Summary: Parties in a proceeding can send written questions to be asked to a witness, and the court or officer can examine the witness based on these questions. Parties can also appear in person or through an advocate to examine the witness.

Statutory Content

What does Section 322 of BNSS say?

(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 an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

Indian StandardSection 322, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 322 (India)

Court Pleading StandardSection 322 of the Bharatiya Nagarik Suraksha Sanhita

Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/322

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=bharatiya-nagarik-suraksha-sanhita&sec=322" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

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).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 322 of BNSS mean?

Plain English Explanation

Parties in a proceeding can send written questions to be asked to a witness, and the court or officer can examine the witness based on these questions. Parties can also appear in person or through an advocate to examine the witness.

Practical Interpretation

This section allows parties to actively participate in the examination of witnesses by submitting questions and appearing in person or through an advocate, ensuring a fair and thorough investigation.

Core Legal Purpose

The core purpose of this section is to facilitate a fair and efficient examination of witnesses by allowing parties to participate in the process, ensuring that all relevant information is gathered.

Key Legal Elements

•A proceeding under the Bharatiya Nagarik Suraksha Sanhita is required.
•A commission must be issued in the proceeding.
•The court or magistrate must think the interrogatories are relevant to the issue.
•Parties must appear through an advocate or in person if not in custody.

Practical Example

Practical Example of Section 322 BNSS

Rajesh is a party in a proceeding under the Bharatiya Nagarik Suraksha Sanhita. A commission is issued to examine a witness, Priya. Rajesh submits written interrogatories to be asked to Priya, which the court thinks are relevant. Rajesh appears through his advocate, Amit, and examines Priya based on the submitted questions.

Common Questions (FAQ)

Frequently Asked Questions about Section 322 BNSS

Q: What is the punishment or consequence under Section 322 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 parties in a proceeding under the Bharatiya Nagarik Suraksha Sanhita, which may include both private individuals and public entities.

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

This section is a procedural provision and does not deal with offences, so it is neither bailable nor cognizable.

Common Questions about Section 322 BNSS

What is Section 322 of BNSS?

Section 322 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Parties may examine witnesses". In plain terms: Parties in a proceeding can send written questions to be asked to a witness, and the court or officer can examine the witness based on these questions. Parties can also appear in person or through an advocate to examine the witness.

What is the punishment under Section 322 of BNSS?

Section 322 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 322 of BNSS bailable or non-bailable?

Whether Section 322 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 322 of BNSS?

The essential elements of Section 322 of BNSS are: A proceeding under the Bharatiya Nagarik Suraksha Sanhita is required.; A commission must be issued in the proceeding.; The court or magistrate must think the interrogatories are relevant to the issue..

Landmark Case Laws