Section 325 BNSS: Execution of foreign commissions

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 325 BNSS at a Glance

Section 325 BNSS deals with execution of foreign commissions. It replaced Section 290 CrPC on 1 July 2024.

Was CrPC

Section 290 →

Section 325 BNSS Bare Act Text

(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

Source: Section 325, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 325 BNSS in Simple Words

Section 325 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the execution of foreign commissions.

Section 321 BNSS, and so much of Section 322 BNSS and Section 323 BNSS as relate to the execution of a commission and its return, shall apply in respect of commissions issued by the Courts, Judges or Magistrates mentioned in Section 325(2) BNSS, as they apply to commissions issued under Section 319 BNSS.

Those Courts, Judges and Magistrates are those exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf, and those exercising jurisdiction in a country or place outside India, as the Central Government may, by notification, specify in this behalf.

When Section 325 BNSS Applies

  • Section 321 BNSS, and so much of Section 322 BNSS and Section 323 BNSS as relate to the execution of a commission and its return, shall apply in respect of commissions issued by the Courts, Judges or Magistrates mentioned in Section 325(2) BNSS.
  • Those provisions apply in respect of those commissions as they apply to commissions issued under Section 319 BNSS.
  • Section 325(2)(a) BNSS speaks of any Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf.
  • Section 325(2)(b) BNSS speaks of any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

Example of Section 325 BNSS

A Court exercising jurisdiction in a country outside India, which the Central Government has specified by notification and which has authority under the law in force in that country to issue commissions for the examination of witnesses in relation to criminal matters, issues a commission for the examination of the witness Joseph. Section 321 BNSS, and so much of Section 322 BNSS and Section 323 BNSS as relate to the execution of a commission and its return, shall apply in respect of that commission as they apply to commissions issued under Section 319 BNSS.

When Section 325 BNSS Does Not Apply

  • Section 325 BNSS speaks of commissions issued by Courts, Judges or Magistrates in an area to which this Sanhita does not extend or outside India. It does not deal with a commission issued by a Court or Magistrate for the examination of a witness under Section 319 BNSS.
  • Section 325 BNSS speaks of the execution and return of commissions. It does not deal with the adjournment of the proceeding, which is the subject of Section 324 BNSS.

Section 325 BNSS in the CrPC (Previous Law)

Section 325 BNSS replaced Section 290 CrPC from 1 July 2024.

Section 290 CrPC is found in Section 325 BNSS from 1 July 2024. The heading is the same. Section 325(1) BNSS refers to Section 321 BNSS, Section 322 BNSS, Section 323 BNSS and Section 319 BNSS where Section 290(1) CrPC referred to Section 286 CrPC, Section 287 CrPC, Section 288 CrPC and Section 284 CrPC, and Section 325(2)(a) BNSS reads this Sanhita where Section 290(2)(a) CrPC read this Code. Section 325(2)(b) BNSS reads as Section 290(2)(b) CrPC does.

Each sub-section below names its own source.

FAQs on Section 325 BNSS

What does Section 325(1) BNSS say about foreign commissions?▼

Section 321 BNSS, and so much of Section 322 BNSS and Section 323 BNSS as relate to the execution of a commission and its return, shall apply in respect of commissions issued by the Courts, Judges or Magistrates mentioned in Section 325(2) BNSS, as they apply to commissions issued under Section 319 BNSS.

Which Courts, Judges and Magistrates does Section 325(2)(a) BNSS speak of?▼

Any Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf.

Which Courts, Judges and Magistrates does Section 325(2)(b) BNSS speak of?▼

Any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

What changed from Section 290 CrPC to Section 325 BNSS from 1 July 2024?▼

Section 325 BNSS has the same heading as Section 290 CrPC. Section 325(1) BNSS refers to Section 321 BNSS, Section 322 BNSS, Section 323 BNSS and Section 319 BNSS where Section 290(1) CrPC referred to Section 286 CrPC, Section 287 CrPC, Section 288 CrPC and Section 284 CrPC, and Section 325(2)(a) BNSS reads this Sanhita where Section 290(2)(a) CrPC read this Code. The rest of the text is the same.

Section 325 BNSS: Sub-sections Explained

Section 325(1) BNSS: Execution of foreign commissions

▶

Bare Act Text

(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.

Previous Law

CrPC 290 → Section 325(1) BNSS

Section 325(2) BNSS: Execution of foreign commissions

▶

Bare Act Text

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

Previous Law

CrPC 290(2) → Section 325(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·