Section 320 BNSS: Commission to whom to be issued
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 320 BNSS at a Glance
Section 320 BNSS deals with commission to whom to be issued. It replaced Section 285 CrPC on 1 July 2024.
Section 320 BNSS Bare Act Text
(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.
Source: Section 320, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 320 BNSS in Simple Words
Section 320 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says to whom the commission shall be directed.
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.
Section 320(2) BNSS deals with a witness who is in India but in a State or an area to which the Sanhita does not extend, and Section 320(3) BNSS deals with a witness in a country or place outside India.
When Section 320 BNSS Applies
- 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.
- 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.
- 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.
Example of Section 320 BNSS
When Section 320 BNSS Does Not Apply
- Section 320 BNSS speaks of the Court or officer to whom the commission shall be directed. It does not deal with the taking down of the evidence of the witness on receipt of the commission, which is the subject of Section 321 BNSS.
- Section 320 BNSS speaks of the Court or officer to whom the commission shall be directed. It does not deal with when the attendance of a witness may be dispensed with and a commission issued, which is the subject of Section 319 BNSS.
Section 320 BNSS in the CrPC (Previous Law)
Section 320 BNSS 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. 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.
Each sub-section below names its own source.
FAQs on Section 320 BNSS
To whom shall the commission be directed under Section 320(1) BNSS?▼
If the witness is within the territories to which the Sanhita extends, Section 320(1) BNSS says the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.
To whom shall the commission be directed 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, Section 320(2) BNSS says the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
What does Section 320(3) BNSS say about a witness outside India?▼
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, Section 320(3) BNSS says 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 changed from Section 285 CrPC to Section 320 BNSS 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. 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.
Section 320 BNSS: Sub-sections Explained
Section 320(1) BNSS: Commission to whom to be issued
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Bare Act Text
(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.
Section 320(2) BNSS: Commission to whom to be issued
▶
Bare Act Text
(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.
Section 320(3) BNSS: Commission to whom to be issued
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·