Bharatiya Nagarik Suraksha Sanhita, 2023

Section 322 BNSS: Parties May Examine Witnesses

Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs how parties may participate in the examination of a witness when a commission has been issued for taking that witness's evidence.

Legal status: The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) came into force on 1 July 2024, subject to the exception specified in the Central Government notification dated 23 February 2024.

Text of Section 322 BNSS

322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita 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 an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

Meaning and scope of Section 322

Section 322 applies when a Court or Magistrate has already issued a commission for the examination of a witness. A commission is a legal process by which the evidence of a witness can be recorded through the Court, Magistrate or officer authorized to execute the commission instead of requiring the witness to appear before the trial Court in the ordinary manner.

The section protects the participation rights of both sides during that process. It permits written interrogatories to be sent for the witness, subject to the Court or Magistrate being satisfied that the questions are relevant to the issue. It also permits a party to participate through an advocate. A party who is not in custody may also appear in person.

Key rights under Section 322 BNSS

Written interrogatories: A party may submit written questions for a witness whose evidence is being taken on commission.
Relevance control: The Court or Magistrate directing the commission decides whether the interrogatories are relevant to the issue.
Examination on interrogatories: The Magistrate, Court or officer executing the commission may examine the witness on the permitted written questions.
Appearance through an advocate: A party may appear before the authority executing the commission through an advocate.
Personal appearance: A party who is not in custody may appear in person.
Examination rights: The party may examine, cross-examine and re-examine the witness.

Practical point: Section 322 does not itself create the commission. It operates after a commission has been issued under the relevant BNSS provisions and regulates the manner in which the parties may participate in the witness examination.

Relationship with nearby BNSS provisions

Section 322 forms part of the BNSS provisions dealing with commissions for examination of witnesses. Section 321 BNSS deals with execution of commissions, while Section 323 BNSS deals with return of the commission and the deposition after execution. Reading these provisions together helps explain the full procedure.

Official legal sources

Note: This page is intended as a general legal information resource. For a pending case, procedural strategy should be considered with reference to the facts, applicable rules and current judicial directions.