CrPC 287→BNSS 322

CrPC 287 to BNSS 322: Parties may examine witnesses

Section 287 CrPC (1973) replaced by Section 322 BNSS (2023)

View CrPC Section 287 →View BNSS Section 322 →

CrPC 287 to BNSS 322 at a Glance

Section 287 CrPC (Parties may examine witnesses) is now Section 322 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 287 to BNSS 322?

From 1 July 2024, Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 287 of the Code of Criminal Procedure, 1973. The heading is the same. Section 322(1) BNSS reads this Sanhita where Section 287(1) CrPC read this Code. Section 322(2) BNSS reads by an advocate where Section 287(2) CrPC read by pleader, and does not contain the words as the case may be that follow re-examine in Section 287(2) CrPC.

CrPC 287 vs BNSS 322: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section287322
HeadingParties may examine witnessesSame
Sub-sections2 sub-sectionsSame

CrPC 287 and BNSS 322: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 287, CrPC 1973

287. Parties may examine witnesses.—(1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
BNSS 2023 (in force)

Section 322, BNSS 2023

322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

When It Applies: CrPC 287 vs BNSS 322

Under CrPC 287
  1. Under Section 287(1) CrPC, the parties to any proceeding under the Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue.
  2. Under Section 287(1) CrPC, it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
  3. Under Section 287(2) CrPC, any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person.
  4. Under Section 287(2) CrPC, any such party may examine, cross-examine and re-examine the said witness.
Under BNSS 322
  1. Under Section 322(1) BNSS, the parties to any proceeding under the Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue.
  2. Under Section 322(1) BNSS, it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
  3. Under Section 322(2) BNSS, any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person.
  4. Under Section 322(2) BNSS, any such party may examine, cross-examine and re-examine the said witness.

What CrPC 287 to BNSS 322 Means in Practice

Under Section 322(2) BNSS, any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness. Section 287(2) CrPC read by pleader and re-examine the said witness with the words as the case may be after re-examine.

FAQs: CrPC 287 to BNSS 322

Which BNSS section replaced Section 287 CrPC from 1 July 2024?▼

From 1 July 2024, Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 287 of the Code of Criminal Procedure, 1973. The heading is the same: parties may examine witnesses.

How does Section 322(2) BNSS differ from Section 287(2) CrPC on the appearance of a party?▼

Section 322(2) BNSS reads by an advocate where Section 287(2) CrPC read by pleader. Section 322(2) BNSS does not contain the words as the case may be that follow re-examine in Section 287(2) CrPC.

What other difference is there between Section 287 CrPC and Section 322 BNSS?▼

Section 322(1) BNSS reads this Sanhita where Section 287(1) CrPC read this Code. The rest of the text is the same.

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 ·