Section 286 CrPC: Execution of commissions

Code of Criminal Procedure, 1973

Section 286 CrPC at a Glance

Section 286 CrPC deals with execution of commissions. From 1 July 2024 it is replaced by Section 321 BNSS.

Now BNSS

Section 321 →

What Section 286 CrPC Says

286. Execution of commissions

Upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial 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 Code.

Source: Section 286, Code of Criminal Procedure, 1973

Section 286 CrPC in Simple Words

Section 286 of the Code of Criminal Procedure, 1973 says what happens upon receipt of the commission.

The Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial 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 Code.

When Section 286 CrPC Applies

  • Upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, acts under Section 286 CrPC.
  • 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 Code.

Example of Section 286 CrPC

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 Code.

When Section 286 CrPC Does Not Apply

  • Section 286 CrPC 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 285 CrPC.
  • Section 286 CrPC 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 288 CrPC.

Section 286 CrPC Under BNSS 321: What Changed

Section 286 CrPC is now covered under Section 321 BNSS.

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 detailed comparison (CrPC 286 vs BNSS 321) →

FAQs on Section 286 CrPC

Who acts upon receipt of the commission under Section 286 CrPC?▼

Section 286 CrPC says that upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall act as stated in Section 286 CrPC.

What shall the Magistrate do about the witness under Section 286 CrPC?▼

Section 286 CrPC 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 286 CrPC?▼

Section 286 CrPC 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 Code.

Where is Section 286 CrPC found in the BNSS from 1 July 2024?▼

Section 286 CrPC has no numbered sub-sections, and maps as a whole to Section 321 BNSS from 1 July 2024. 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·