Sections 288, 289 and 290 CrPC: Return of Commission, Adjournment of Proceeding and Execution of Foreign Commissions
Sections 288, 289 and 290 of the Code of Criminal Procedure, 1973 formed part of the statutory procedure governing commissions for examination of witnesses. This article explains these provisions as they applied under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Meaning of a commission for examination of a witness
Under the CrPC, a commission is a procedural mechanism by which the evidence of a witness may be recorded through an authorised Court, Magistrate or officer when the issuing Court dispenses with the witness's personal attendance in the circumstances contemplated by Section 284. The connected provisions regulate the issue, execution, return and evidentiary use of the commission.
Section 288 CrPC - Return of commission
Section 288(1): After a commission issued under Section 284 has been duly executed, it is returned with the deposition of the witness to the Court or Magistrate that issued it. The commission, its return and the deposition are open to inspection by the parties at reasonable times. Subject to lawful objections, either party may rely on the deposition in evidence, and the documents form part of the record.
Section 288(2): A deposition recorded on commission may also be received in evidence at a later stage of the case before another Court if the statutory conditions under Section 33 of the Indian Evidence Act, 1872 are satisfied.
Section 289 CrPC - Adjournment of proceeding
Where a commission is issued under Section 284, Section 289 permits the inquiry, trial or other proceeding to be adjourned for a specified period that is reasonably sufficient for execution and return of the commission.
Section 290 CrPC - Execution of foreign commissions
Section 290(1): The provisions of Section 286 and the relevant portions of Sections 287 and 288 concerning execution and return apply to commissions issued by the Courts, Judges or Magistrates described in sub-section (2), in the same procedural manner as commissions issued under Section 284.
Section 290(2): The provision covers a Court, Judge or Magistrate exercising jurisdiction in an area in India to which the Code did not extend where specified by Central Government notification, and an authorised Court, Judge or Magistrate in a country or place outside India that the Central Government specified by notification for criminal-matter witness commissions.
Relationship between Sections 284 and 288 to 290 CrPC
Section 284 is the starting provision for issuing a commission where attendance of a witness may be dispensed with. Sections 285 to 287 address the authority to whom the commission is issued, its execution and participation of the parties. Sections 288 to 290 then deal with return and evidentiary use of the completed commission, adjournment while it is being executed, and the execution of specified foreign commissions.
Corresponding provisions under BNSS
For present-day procedural reference, CrPC Section 288 corresponds to BNSS Section 323, CrPC Section 289 to BNSS Section 324, and CrPC Section 290 to BNSS Section 325. The BNSS provisions substantially preserve this commission framework, while Section 323(2) refers to Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 instead of Section 33 of the Indian Evidence Act, 1872.
Note: This page is retained as a CrPC reference for the law applicable before implementation of the BNSS and for matters governed by the repeal-and-savings framework. For a current proceeding, the applicable procedural law should be determined with reference to the date and nature of the proceeding and the relevant saving provision.