Commission to whom to be issued.
What this section does
A commission for examination of a witness within the territories to which the BNSS extends must be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is found. If the witness is in India but in a State or area to which the BNSS does not extend, the commission is directed to such Court or officer as the Central Government may notify. If the witness is outside India and arrangements exist between the Central Government and the foreign government for taking evidence in criminal matters, the commission is issued in the prescribed form, directed to the notified Court or officer, and transmitted through the prescribed authority.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Chief Judicial Magistrate · Central Government
Derived from CrPC s.285.
Read the official text
For the binding statutory text of BNSS Section 320, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 320 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.