Section 323 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 323 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedural aspects related to the return and admissibility of commissions issued for the examination of witnesses. This section ensures that witness testimonies obtained through commissions are properly documented, accessible to all parties, and can be utilized in subsequent legal proceedings.
Text of Section 323
Return of commission
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.
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.
Explanation
Section 323 outlines the procedure following the execution of a commission issued under Section 319 of the BNSS, 2023:
Return of Commission: Once a commission has been executed, it must be returned to the issuing Court or Magistrate along with the witness's deposition.()
Inspection and Admissibility: The commission, its return, and the deposition are accessible to all parties involved in the case at reasonable times. These documents can be read into evidence by either party, subject to any valid objections, and will become part of the official case record.
Subsequent Use of Deposition: If the deposition meets the criteria specified in Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, it may be admitted as evidence in future stages of the case, even before a different Court
Significance
Ensures Transparency: By mandating that the commission and deposition be open for inspection, Section 323 promotes transparency in legal proceedings.
Facilitates Continuity: Allowing depositions to be used in subsequent stages or different Courts ensures continuity and consistency in the judicial process
Upholds Legal Integrity: This section ensures that witness testimonies obtained through commissions are properly documented and preserved, maintaining the integrity of the evidence.(
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