Section 285 CrPC: Commission to whom to be issued
Code of Criminal Procedure, 1973
Section 285 CrPC at a Glance
Section 285 CrPC deals with commission to whom to be issued. From 1 July 2024 it is replaced by Section 320 BNSS.
What Section 285 CrPC Says
285. Commission to whom to be issued
(1) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, 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 Code 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 285, Code of Criminal Procedure, 1973
Section 285 CrPC in Simple Words
Section 285 of the Code of Criminal Procedure, 1973 says to whom the commission shall be directed.
Under Section 285(1) CrPC, if the witness is within the territories to which the Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
Section 285(2) CrPC deals with a witness who is in India but in a State or an area to which the Code does not extend, and Section 285(3) CrPC deals with a witness in a country or place outside India.
When Section 285 CrPC Applies
- Under Section 285(1) CrPC, if the witness is within the territories to which the Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
- Under Section 285(2) CrPC, if the witness is in India, but in a State or an area to which the Code 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 285(3) CrPC, 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 285 CrPC
When Section 285 CrPC Does Not Apply
- Section 285 CrPC 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 286 CrPC.
- Section 285 CrPC 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 284 CrPC.
Section 285 CrPC Under BNSS 320: What Changed
Section 285 CrPC is now covered under Section 320 BNSS.
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.
View detailed comparison (CrPC 285 vs BNSS 320) →FAQs on Section 285 CrPC
To whom shall the commission be directed under Section 285(1) CrPC?▼
If the witness is within the territories to which the Code extends, Section 285(1) CrPC says the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
To whom shall the commission be directed under Section 285(2) CrPC?▼
If the witness is in India, but in a State or an area to which the Code does not extend, Section 285(2) CrPC 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 285(3) CrPC 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 285(3) CrPC 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.
Where is Section 285 CrPC found in the BNSS from 1 July 2024?▼
Section 285(1) CrPC is found in Section 320(1) BNSS, Section 285(2) CrPC in Section 320(2) BNSS and Section 285(3) CrPC in Section 320(3) BNSS. 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.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·