Section 322 BNSS: Parties may examine witnesses
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 322 BNSS at a Glance
Section 322 BNSS deals with parties may examine witnesses. It replaced Section 287 CrPC on 1 July 2024.
Section 322 BNSS Bare Act Text
(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.
Source: Section 322, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 322 BNSS in Simple Words
Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says what the parties may do when a commission is issued.
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, 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.
Under Section 322(2) BNSS, any such party may appear by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the witness.
When Section 322 BNSS Applies
- 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.
- 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.
- 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.
- Under Section 322(2) BNSS, any such party may examine, cross-examine and re-examine the said witness.
Example of Section 322 BNSS
When Section 322 BNSS Does Not Apply
- Section 322 BNSS speaks of the interrogatories and the appearance of the parties when a commission is issued. It does not deal with taking down the evidence of the witness on receipt of the commission, which is the subject of Section 321 BNSS.
- Section 322 BNSS speaks of the interrogatories and the appearance of the parties when a commission is issued. It does not deal with the return of the commission, which is the subject of Section 323 BNSS.
Section 322 BNSS in the CrPC (Previous Law)
Section 322 BNSS 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. 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.
Each sub-section below names its own source.
FAQs on Section 322 BNSS
What may the parties forward under Section 322(1) BNSS?▼
Section 322(1) BNSS says 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.
Who may examine the witness upon the interrogatories under Section 322(1) BNSS?▼
Section 322(1) BNSS says 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.
How may a party appear and what may the party do under Section 322(2) BNSS?▼
Section 322(2) BNSS says 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.
What changed from Section 287 CrPC to Section 322 BNSS 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. 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.
Section 322 BNSS: Sub-sections Explained
Section 322(1) BNSS: Parties may examine witnesses
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Bare Act Text
(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.
Section 322(2) BNSS: Parties may examine witnesses
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·