Section 322 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 322 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Parties May Examine Witnesses
📜 Text of Section 322
Section 322. Parties may examine witnesses
Forwarding Interrogatories: In any proceeding under this Sanhita where a commission is issued, the parties involved may submit written interrogatories that the Court or Magistrate directing the commission deems relevant to the issue at hand. It is lawful for the Magistrate, Court, or officer executing the commission to examine the witness based on such interrogatories
Appearance and Examination Rights: Any party may appear before the Magistrate, Court, or Officer either through an advocate or, if not in custody, in person. The party has the right to examine, cross-examine, and re-examine the witness.
⚖️ Legal Context and Purpose
Section 322 of the BNSS, 2023, aligns with Section 287 of the Code of Criminal Procedure (CrPC), 1973. It empowers parties in a criminal proceeding to actively participate in the examination of witnesses during commission proceedings. This provision ensures that both parties have the opportunity to present and challenge evidence, thereby upholding the principles of natural justice and fair trial.
🧭 Illustrative Example
Scenario: In a criminal case, a commission is issued to examine a witness located in a different jurisdiction.(
Application of Section 322:
Submission of Interrogatories: Both the prosecution and defense submit written questions (interrogatories) to the Court or Magistrate directing the commission, seeking information pertinent to the case
Examination of Witness: The designated Magistrate or officer executes the commission by examining the witness based on the submitted interrogatories.
Party Representation: The parties may appear before the examining authority through their respective advocates or in person, if not in custody, to examine, cross-examine, and re-examine the witness.
Outcome: The examination process facilitates the collection of evidence from the witness, contributing to a comprehensive understanding of the case.
📌 Conclusion
Section 322 of the BNSS, 2023, ensures that parties in a criminal proceeding have the opportunity to actively engage in the examination of witnesses during commission proceedings. By allowing the submission of interrogatories and granting rights to examine, cross-examine, and re-examine witnesses, this provision reinforces the commitment to a fair and transparent judicial process.
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