CrPC 285→BNSS 320

CrPC 285 to BNSS 320: Commission to whom to be issued

Section 285 CrPC (1973) replaced by Section 320 BNSS (2023)

View CrPC Section 285 →View BNSS Section 320 →

CrPC 285 to BNSS 320 at a Glance

Section 285 CrPC (Commission to whom to be issued) is now Section 320 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 285 to BNSS 320?

From 1 July 2024, Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 285 of the Code of Criminal Procedure, 1973. The heading is the same. Section 320(1) BNSS reads the Chief Judicial Magistrate where Section 285(1) CrPC read the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be. Section 320(1) BNSS and Section 320(2) BNSS read this Sanhita where Section 285(1) CrPC and Section 285(2) CrPC read this Code. Section 320(3) BNSS has the same text as Section 285(3) CrPC.

CrPC 285 vs BNSS 320: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section285320
HeadingCommission to whom to be issuedSame
Sub-sections3 sub-sectionsSame

CrPC 285 and BNSS 320: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 285, CrPC 1973

285. Commission to whom to be issued.—(1) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.
BNSS 2023 (in force)

Section 320, BNSS 2023

320. Commission to whom to be issued.—(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.

When It Applies: CrPC 285 vs BNSS 320

Under CrPC 285
  1. Under Section 285(1) CrPC, if the witness is within the territories to which the Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
  2. Under Section 285(2) CrPC, if the witness is in India, but in a State or an area to which the Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
  3. Under Section 285(3) CrPC, if the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.
Under BNSS 320
  1. Under Section 320(1) BNSS, if the witness is within the territories to which the Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.
  2. Under Section 320(2) BNSS, if the witness is in India, but in a State or an area to which the Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
  3. Under Section 320(3) BNSS, if the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.

What CrPC 285 to BNSS 320 Means in Practice

Under Section 320(1) BNSS, where the witness is within the territories to which the Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. Section 285(1) CrPC named the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be.

FAQs: CrPC 285 to BNSS 320

Which BNSS section replaced Section 285 CrPC from 1 July 2024?▼

From 1 July 2024, Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 285 of the Code of Criminal Procedure, 1973. The heading is the same: commission to whom to be issued.

Which Magistrate does Section 320(1) BNSS name for a witness within the territories to which the Sanhita extends?▼

Section 320(1) BNSS names the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. Section 285(1) CrPC named the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be.

What other differences are there between Section 285 CrPC and Section 320 BNSS?▼

Section 320(1) BNSS and Section 320(2) BNSS read this Sanhita where Section 285(1) CrPC and Section 285(2) CrPC read this Code. Section 320(3) BNSS has the same text as Section 285(3) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·