(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.
Bharatiya Nagarik Suraksha Sanhita
Section 325
Execution of foreign commissions
⚡ Quick Answer Reference: Section 325 BNSS
- Provision: Section 325 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section explains how to execute a commission issued by a foreign court, judge, or magistrate in India. It says that the rules for executing a commission from a domestic court also apply to commissions from foreign courts, as long as the Central Government has specified them in a notification.
What does Section 325 of BNSS say?
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What does Section 325 of BNSS mean?
Plain English Explanation
This section explains how to execute a commission issued by a foreign court, judge, or magistrate in India. It says that the rules for executing a commission from a domestic court also apply to commissions from foreign courts, as long as the Central Government has specified them in a notification.
Practical Interpretation
In practice, this section means that when a foreign court issues a commission to gather evidence in India, the Indian authorities must follow the same procedures as they would for a domestic commission. This includes notifying the Central Government and following the rules set out in sections 321 and 322.
Core Legal Purpose
The core purpose of this section is to facilitate the execution of foreign commissions in India, by applying the existing rules for domestic commissions to foreign commissions. This ensures that Indian authorities can efficiently gather evidence for foreign courts, while also ensuring that the rights of Indian citizens are protected.
- •The commission must be issued by a foreign court, judge, or magistrate that has been specified by the Central Government in a notification.
- •The commission must be related to a criminal matter.
- •The Central Government must have specified the foreign court, judge, or magistrate in a notification.
- •The commission must be for the examination of witnesses in relation to a criminal matter.
Practical Example of Section 325 BNSS
Rajesh, a lawyer in India, is representing a client in a case in the UK. The UK court issues a commission to gather evidence from a witness in India. Under section 325 of the BNSS, the Indian authorities must follow the same procedures as they would for a domestic commission. They must notify the Central Government and follow the rules set out in sections 321 and 322. This includes serving the witness with a notice to appear before the Indian authorities, and taking their statement. Once the statement is taken, it must be returned to the UK court, along with any other evidence gathered.
Frequently Asked Questions about Section 325 BNSS
Q: What is the punishment or consequence under Section 325 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 foreign courts, judges, and magistrates, which are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 325 BNSS
What is Section 325 of BNSS?
Section 325 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Execution of foreign commissions". In plain terms: This section explains how to execute a commission issued by a foreign court, judge, or magistrate in India. It says that the rules for executing a commission from a domestic court also apply to commissions from foreign courts, as long as the Central Government has specified them in a notification.
What is the punishment under Section 325 of BNSS?
Section 325 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 325 of BNSS bailable or non-bailable?
Whether Section 325 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 325 of BNSS?
The essential elements of Section 325 of BNSS are: The commission must be issued by a foreign court, judge, or magistrate that has been specified by the Central Government in a notification.; The commission must be related to a criminal matter.; The Central Government must have specified the foreign court, judge, or magistrate in a notification..
Landmark Judgments under Section 325 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 325
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