Sections 285, 286 and 287 CrPC: Commission to Whom Issued, Execution and Examination of Witnesses

Sections 285, 286 and 287 of the Code of Criminal Procedure, 1973 formed part of Chapter XXIII, under the provisions dealing with commissions for examination of witnesses. They prescribed where a commission for recording evidence was to be sent, how it was to be executed, and how the parties could participate in the examination of the witness.

Applicability of the old CrPC: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. However, Section 531(2)(a) BNSS saves an appeal, application, trial, inquiry or investigation that was pending immediately before commencement, and such proceeding continues under the CrPC as if the BNSS had not come into force. This article therefore explains the CrPC provisions applicable before implementation of the BNSS and to proceedings preserved by the savings clause.

Meaning of a Commission for Examination of a Witness

A commission is a procedural authority issued by a Court or Magistrate for recording the evidence of a witness away from the Court conducting the principal proceeding. Section 284 CrPC dealt with the circumstances in which personal attendance of a witness could be dispensed with and a commission could be issued. Sections 285 to 287 then regulated the destination, execution and participation of parties in that commission.

CrPC provision	Subject	Corresponding BNSS provision
Section 285	Commission to whom to be issued	Section 320
Section 286	Execution of commissions	Section 321
Section 287	Parties may examine witnesses	Section 322

Section 285 CrPC - Commission to Whom to Be Issued

Witness within territories to which the CrPC extended

Under Section 285(1), where the witness was within the territories to which the Code extended, the commission was to be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case might be, within whose local jurisdiction the witness was to be found.

Witness in an area of India to which the Code did not extend

Section 285(2) provided that if the witness was in India but in a State or area to which the Code did not extend, the commission was to be directed to the Court or officer specified by the Central Government by notification.

Witness outside India

Section 285(3) applied where a witness was in a country or place outside India and the Central Government had made arrangements with that Government for taking evidence in criminal matters. The commission was then required to be issued in the prescribed form, directed to the appropriate Court or officer, and transmitted through the authority specified by Central Government notification.

Section 286 CrPC - Execution of Commissions

Section 286 prescribed the procedure after receipt of the commission. The Chief Metropolitan Magistrate, Chief Judicial Magistrate, or a Metropolitan or Judicial Magistrate appointed for that purpose was required either to summon the witness or proceed to the place where the witness was located.

The Magistrate was required to record the evidence in the same manner and could exercise the same powers as were available in trials of warrant cases under the CrPC. The provision therefore ensured that evidence recorded on commission was taken through a judicial process rather than as an informal statement.

Section 287 CrPC - Parties May Examine Witnesses

Written interrogatories

Under Section 287(1), each party could forward written interrogatories. The Court or Magistrate directing the commission had to consider their relevance to the issue. The Magistrate, Court or officer executing the commission could then examine the witness on the approved interrogatories.

Appearance and examination by parties

Section 287(2) permitted a party to appear before the Magistrate, Court or officer through a pleader or, where the party was not in custody, in person. The party could examine, cross-examine and re-examine the witness, as the case might be.

How Sections 285, 286 and 287 Worked Together

The three provisions created a continuous procedure. Section 285 identified the judicial authority or officer to whom the commission had to be directed. Section 286 governed execution and recording of the witness's evidence. Section 287 protected the participatory rights of the parties by allowing relevant written interrogatories and examination, cross-examination and re-examination.

Position After the BNSS

For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provisions are Sections 320, 321 and 322. The basic structure of the commission procedure continues, although the BNSS text reflects changes in terminology and judicial designations. In particular, Section 320 refers to the Chief Judicial Magistrate for a witness within the territories to which the Sanhita extends, and Section 322 uses the term "advocate" in place of the CrPC expression "pleader".

Note: This page explains the statutory procedure for general legal information. The applicable procedural law in an individual case depends, among other things, on the date and status of the proceeding and the operation of the BNSS repeal and savings provision.