Section 290 CrPC: Execution of foreign commissions

Code of Criminal Procedure, 1973

Section 290 CrPC at a Glance

Section 290 CrPC deals with execution of foreign commissions. From 1 July 2024 it is replaced by Section 325 BNSS.

Now BNSS

What Section 290 CrPC Says

290. Execution of foreign commissions
(1) The provisions of section 286 and so much of section 287 and section 288 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 284.
(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 Code 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 290, Code of Criminal Procedure, 1973

Section 290 CrPC in Simple Words

Section 290 of the Code of Criminal Procedure, 1973 speaks of the execution of foreign commissions.

Section 286 CrPC, and so much of Section 287 CrPC and Section 288 CrPC 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 290(2) CrPC, as they apply to commissions issued under Section 284 CrPC.

Those Courts, Judges and Magistrates are those exercising jurisdiction within an area in India to which this Code 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 290 CrPC Applies

Section 286 CrPC, and so much of Section 287 CrPC and Section 288 CrPC 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 290(2) CrPC.
Those provisions apply in respect of those commissions as they apply to commissions issued under Section 284 CrPC.
Section 290(2)(a) CrPC speaks of any Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf.
Section 290(2)(b) CrPC 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 290 CrPC

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 286 CrPC, and so much of Section 287 CrPC and Section 288 CrPC 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 284 CrPC.

When Section 290 CrPC Does Not Apply

Section 290 CrPC speaks of commissions issued by Courts, Judges or Magistrates in an area to which this Code 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 284 CrPC.
Section 290 CrPC speaks of the execution and return of commissions. It does not deal with the adjournment of the proceeding, which is the subject of Section 289 CrPC.

Section 290 CrPC Under BNSS 325: What Changed

Section 290 CrPC is now covered under Section 325 BNSS.

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.

View detailed comparison (CrPC 290 vs BNSS 325) →

FAQs on Section 290 CrPC

What does Section 290(1) CrPC say about foreign commissions?▼

Which Courts, Judges and Magistrates does Section 290(2)(a) CrPC speak of?▼

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

Which Courts, Judges and Magistrates does Section 290(2)(b) CrPC 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.

Where is Section 290 CrPC found in the BNSS from 1 July 2024?▼

Section 290(1) CrPC is found in Section 325(1) BNSS and Section 290(2) CrPC in Section 325(2) BNSS, with Section 290(2)(a) CrPC in Section 325(2)(a) BNSS and Section 290(2)(b) CrPC in Section 325(2)(b) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·