(1) After any commission issued under section 319 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.
Bharatiya Nagarik Suraksha Sanhita
Section 323
Return of commission
Englishहिंदी
⚡ Quick Answer Reference: Section 323 BNSS
- Provision: Section 323 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: After a commission is issued and completed, it must be returned to the court or magistrate who issued it. The commission, the return, and the witness's deposition will be available for inspection by the parties and can be used as evidence in the case. The deposition can also be used as evidence in a later court case if it meets certain conditions.
Statutory Content
What does Section 323 of BNSS say?
Indian StandardSection 323, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 323 (India)
Court Pleading StandardSection 323 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/323
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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 323 of BNSS mean?
Plain English Explanation
After a commission is issued and completed, it must be returned to the court or magistrate who issued it. The commission, the return, and the witness's deposition will be available for inspection by the parties and can be used as evidence in the case. The deposition can also be used as evidence in a later court case if it meets certain conditions.
Practical Interpretation
In practical terms, this section ensures that the commission process is transparent and that the parties involved have access to the evidence collected. It also allows for the deposition to be used in future court cases, making it a useful tool for building a case over time.
Core Legal Purpose
The core purpose of this section is to ensure that the commission process is efficient and effective, and that the evidence collected is properly documented and made available for use in court cases.
Key Legal Elements
- •The commission must be issued under section 319.
- •The commission must be duly executed.
- •The commission, the return, and the deposition must be open to inspection by the parties.
- •The deposition may be read in evidence in the case by either party, subject to all just exceptions.
Practical Example
Practical Example of Section 323 BNSS
Rajesh, a plaintiff in a civil case, obtains a commission under section 319 to examine a witness in a different location. After the witness is examined, the commission is returned to the court, along with the witness's deposition. The deposition is then available for inspection by Rajesh and the defendant, Priya. If the deposition meets the conditions specified in section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it can also be used as evidence in a later court case.
Common Questions (FAQ)
Frequently Asked Questions about Section 323 BNSS
Q: What is the punishment or consequence under Section 323 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 both private individuals and public entities, as it is a procedural provision related to the commission process.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to a criminal offence, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 323 BNSS
What is Section 323 of BNSS?
Section 323 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Return of commission". In plain terms: After a commission is issued and completed, it must be returned to the court or magistrate who issued it. The commission, the return, and the witness's deposition will be available for inspection by the parties and can be used as evidence in the case. The deposition can also be used as evidence in a later court case if it meets certain conditions.
What is the punishment under Section 323 of BNSS?
Section 323 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 323 of BNSS bailable or non-bailable?
Section 323 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 323 of BNSS?
The essential elements of Section 323 of BNSS are: The commission must be issued under section 319.; The commission must be duly executed.; The commission, the return, and the deposition must be open to inspection by the parties..
Landmark Case Laws
Landmark Judgments under Section 323 BNSS
Patnahcucisdb94 High Court (10 8)
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