Section 323 BNSS: Return of commission
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 323 BNSS at a Glance
Section 323 BNSS deals with return of commission. It replaced Section 288 CrPC on 1 July 2024.
Section 323 BNSS Bare Act Text
(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.
Source: Section 323, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 323 BNSS in Simple Words
Section 323 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says what happens after a commission issued under Section 319 BNSS has been duly executed.
Under Section 323(1) BNSS, the commission 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.
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.
When Section 323 BNSS Applies
- 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.
- 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.
- 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.
- 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 Under Section 323 BNSS
- 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”
Example of Section 323 BNSS
When Section 323 BNSS Does Not Apply
- Section 323 BNSS speaks of the return of the commission and the use of the deposition. It does not deal with the interrogatories forwarded by the parties and the appearance of the parties when a commission is issued, which is the subject of Section 322 BNSS.
- Section 323 BNSS speaks of the return of the commission and the use of the deposition. It does not deal with the adjournment of a proceeding, which is the subject of Section 324 BNSS.
Section 323 BNSS in the CrPC (Previous Law)
Section 323 BNSS 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. 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.
Each sub-section below names its own source.
FAQs on Section 323 BNSS
What shall be returned to the Court or Magistrate under Section 323(1) BNSS?▼
Section 323(1) BNSS says that 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.
Who may inspect and read in evidence the commission and the deposition under Section 323(1) BNSS?▼
Section 323(1) BNSS says 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.
When may a deposition be received in evidence before another Court under Section 323(2) BNSS?▼
Section 323(2) BNSS says 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.
What changed from Section 288 CrPC to Section 323 BNSS 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. 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.
Section 323 BNSS: Sub-sections Explained
Section 323(1) BNSS: Return of commission
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Bare Act Text
(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.
Section 323(2) BNSS: Return of commission
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·