CrPC 288→BNSS 323

CrPC 288 to BNSS 323: Return of commission

Section 288 CrPC (1973) replaced by Section 323 BNSS (2023)

View CrPC Section 288 →View BNSS Section 323 →

CrPC 288 to BNSS 323 at a Glance

Section 288 CrPC (Return of commission) is now Section 323 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 288 to BNSS 323?

From 1 July 2024, Section 323 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 288 of the Code of Criminal Procedure, 1973. The heading is the same. Section 323(1) BNSS refers to Section 319 BNSS where Section 288(1) CrPC referred to Section 284 CrPC. Section 323(2) BNSS reads specified where Section 288(2) CrPC read prescribed, and refers to section 27 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 288(2) CrPC referred to section 33 of the Indian Evidence Act, 1872.

CrPC 288 vs BNSS 323: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section288323
HeadingReturn of commissionSame
Sub-sections2 sub-sectionsSame
Cross-referencess.284s.319

CrPC 288 and BNSS 323: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 288, CrPC 1973

288. Return of commission.—(1) After any commission issued under section 284 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. (2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.
BNSS 2023 (in force)

Section 323, BNSS 2023

323. Return of commission.—(1) 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. (2) 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.

When It Applies: CrPC 288 vs BNSS 323

Under CrPC 288
  1. Under Section 288(1) CrPC, after any commission issued under Section 284 CrPC 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.
  2. Under Section 288(1) CrPC, the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties.
  3. Under Section 288(1) CrPC, the commission, the return thereto and the deposition may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
  4. Under Section 288(2) CrPC, a deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.
Under BNSS 323
  1. Under Section 323(1) BNSS, after any commission issued under Section 319 BNSS 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.
  2. Under Section 323(1) BNSS, the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties.
  3. Under Section 323(1) BNSS, the commission, the return thereto and the deposition may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
  4. Under Section 323(2) BNSS, a 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.

Time Limits: CrPC 288 to BNSS 323

Under CrPC 288
  • Under Section 288(1) CrPC, the commission, the return thereto and the deposition shall be open to inspection of the parties at all reasonable times.Act text: “at all reasonable times”
  • Under Section 288(2) CrPC, a deposition so taken may also be received in evidence at any subsequent stage of the case before another Court.Act text: “at any subsequent stage of the case”
Under BNSS 323
  • Under Section 323(1) BNSS, the commission, the return thereto and the deposition shall be open to inspection of the parties at all reasonable times.Act text: “at all reasonable times”
  • Under Section 323(2) BNSS, a deposition so taken may also be received in evidence at any subsequent stage of the case before another Court.Act text: “at any subsequent stage of the case”

What CrPC 288 to BNSS 323 Means in Practice

Under Section 323(2) BNSS, a 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. Section 288(2) CrPC named the conditions prescribed by section 33 of the Indian Evidence Act, 1872.

FAQs: CrPC 288 to BNSS 323

Which BNSS section replaced Section 288 CrPC from 1 July 2024?▼

From 1 July 2024, Section 323 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 288 of the Code of Criminal Procedure, 1973. The heading is the same: return of commission.

Which Act does Section 323(2) BNSS name for the conditions on a deposition?▼

Section 323(2) BNSS names section 27 of the Bharatiya Sakshya Adhiniyam, 2023. Section 288(2) CrPC named section 33 of the Indian Evidence Act, 1872.

What other differences are there between Section 288 CrPC and Section 323 BNSS?▼

Section 323(1) BNSS refers to Section 319 BNSS where Section 288(1) CrPC referred to Section 284 CrPC. Section 323(2) BNSS reads specified where Section 288(2) CrPC read prescribed.

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: 22 Oct 2026 ·