Section 287 CrPC: Parties may examine witnesses

Code of Criminal Procedure, 1973

Section 287 CrPC at a Glance

Section 287 CrPC deals with parties may examine witnesses. From 1 July 2024 it is replaced by Section 322 BNSS.

Now BNSS

What Section 287 CrPC Says

287. Parties may examine witnesses
(1) The parties to any proceeding under this Code 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 pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

Source: Section 287, Code of Criminal Procedure, 1973

Section 287 CrPC in Simple Words

Section 287 of the Code of Criminal Procedure, 1973 says what the parties may do when a commission is issued.

Under Section 287(1) CrPC, the parties to any proceeding under the Code 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 287(2) CrPC, any such party may appear by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine the witness.

When Section 287 CrPC Applies

Under Section 287(1) CrPC, the parties to any proceeding under the Code 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 287(1) CrPC, 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 287(2) CrPC, any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person.
Under Section 287(2) CrPC, any such party may examine, cross-examine and re-examine the said witness.

Example of Section 287 CrPC

A commission is issued in a proceeding under the Code for the examination of Sunita as a witness. The party Rakesh forwards interrogatories in writing which the Court directing the commission may think relevant to the issue. Under Section 287(1) CrPC, it shall be lawful for the Magistrate, Court or officer to whom the commission is directed to examine Sunita upon such interrogatories.

When Section 287 CrPC Does Not Apply

Section 287 CrPC 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 286 CrPC.
Section 287 CrPC 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 288 CrPC.

Section 287 CrPC Under BNSS 322: What Changed

Section 287 CrPC is now covered under Section 322 BNSS.

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.

View detailed comparison (CrPC 287 vs BNSS 322) →

FAQs on Section 287 CrPC

What may the parties forward under Section 287(1) CrPC?▼

Section 287(1) CrPC says the parties to any proceeding under the Code 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 287(1) CrPC?▼

Section 287(1) CrPC 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 287(2) CrPC?▼

Section 287(2) CrPC says any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

Where is Section 287 CrPC found in the BNSS from 1 July 2024?▼

Section 287(1) CrPC is found in Section 322(1) BNSS and Section 287(2) CrPC in Section 322(2) BNSS. 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.

Have questions about Section 287 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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 ·