Section 288 CrPC: Return of commission
Code of Criminal Procedure, 1973
Section 288 CrPC at a Glance
Section 288 CrPC deals with return of commission. From 1 July 2024 it is replaced by Section 323 BNSS.
What Section 288 CrPC Says
288. Return of commission
(1) After any commission issued under section 284 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 prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.
Source: Section 288, Code of Criminal Procedure, 1973
Section 288 CrPC in Simple Words
Section 288 of the Code of Criminal Procedure, 1973 says what happens after a commission issued under Section 284 CrPC has been duly executed.
Under Section 288(1) CrPC, 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 288(2) CrPC, a deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.
When Section 288 CrPC Applies
- Under Section 288(1) CrPC, after any commission issued under Section 284 CrPC 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 288(1) CrPC, the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties.
- Under Section 288(1) CrPC, 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 288(2) CrPC, a deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.
Time Limits Under Section 288 CrPC
- Under Section 288(1) CrPC, 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 288(2) CrPC, 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 288 CrPC
When Section 288 CrPC Does Not Apply
- Section 288 CrPC 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 287 CrPC.
- Section 288 CrPC 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 289 CrPC.
Section 288 CrPC Under BNSS 323: What Changed
Section 288 CrPC is now covered under Section 323 BNSS.
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.
View detailed comparison (CrPC 288 vs BNSS 323) →FAQs on Section 288 CrPC
What shall be returned to the Court or Magistrate under Section 288(1) CrPC?▼
Section 288(1) CrPC says that after any commission issued under Section 284 CrPC 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 288(1) CrPC?▼
Section 288(1) CrPC 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 288(2) CrPC?▼
Section 288(2) CrPC says any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.
Where is Section 288 CrPC found in the BNSS from 1 July 2024?▼
Section 288(1) CrPC is found in Section 323(1) BNSS and Section 288(2) CrPC in Section 323(2) BNSS. Section 323(1) BNSS refers to Section 319 BNSS where Section 288(1) CrPC referred to Section 284 CrPC. Section 323(2) BNSS refers to the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 288(2) CrPC referred to the conditions prescribed by section 33 of the Indian Evidence Act, 1872.
Have questions about Section 288 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: 22 Oct 2026 ·