Section 321 BNSS: Execution of commissions

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 321 BNSS at a Glance

Section 321 BNSS deals with execution of commissions. It replaced Section 286 CrPC on 1 July 2024.

Was CrPC

Section 286 →

Section 321 BNSS Bare Act Text

321. Execution of commissions

Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.

Source: Section 321, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 321 BNSS in Simple Words

Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says what happens upon receipt of the commission.

The Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf shall summon the witness before him or proceed to the place where the witness is.

That Magistrate shall take down the evidence of the witness in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Sanhita.

When Section 321 BNSS Applies

  • Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf acts under Section 321 BNSS.
  • That Magistrate shall summon the witness before the Magistrate or proceed to the place where the witness is.
  • That Magistrate shall take down the evidence of the witness in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Sanhita.

Example of Section 321 BNSS

A commission is issued for the examination of Sunita as a witness. Upon receipt of the commission, the Chief Judicial Magistrate shall summon Sunita before the Chief Judicial Magistrate or proceed to the place where Sunita is, and shall take down the evidence of Sunita in the same manner as in trials of warrant-cases under the Sanhita.

When Section 321 BNSS Does Not Apply

  • Section 321 BNSS speaks of what the Magistrate does upon receipt of the commission. It does not deal with the Court or officer to whom the commission shall be directed, which is the subject of Section 320 BNSS.
  • Section 321 BNSS speaks of what the Magistrate does upon receipt of the commission. It does not deal with the return of the commission, which is the subject of Section 323 BNSS.

Section 321 BNSS in the CrPC (Previous Law)

Section 321 BNSS replaces Section 286 CrPC from the old criminal code.

From 1 July 2024, Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 286 of the Code of Criminal Procedure, 1973. The heading is the same. Section 321 BNSS reads the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf where Section 286 CrPC read the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf. Section 321 BNSS reads this Sanhita where Section 286 CrPC read this Code.

View CrPC Section 286 →

FAQs on Section 321 BNSS

Who acts upon receipt of the commission under Section 321 BNSS?▼

Section 321 BNSS says that upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf shall act as stated in Section 321 BNSS.

What shall the Magistrate do about the witness under Section 321 BNSS?▼

Section 321 BNSS says the Magistrate shall summon the witness before the Magistrate or proceed to the place where the witness is, and shall take down the evidence of the witness.

In what manner is the evidence taken down under Section 321 BNSS?▼

Section 321 BNSS says the Magistrate shall take down the evidence of the witness in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Sanhita.

What changed from Section 286 CrPC to Section 321 BNSS from 1 July 2024?▼

From 1 July 2024, Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 286 of the Code of Criminal Procedure, 1973. The heading is the same. Section 321 BNSS reads the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf where Section 286 CrPC read the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf. Section 321 BNSS reads this Sanhita where Section 286 CrPC read this Code.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·