Execution of commissions
Section 321 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with execution of commissions. Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, The Act came into force on 01 Jul 2024.
Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.
Section 321, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 286 Execution of commissions Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr. N. Rama Krishna Raju vs Dr. T. Srinivasulu
Decided under Code of Criminal Procedure 286, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The appointment of a private advocate (Advocate Commissioner) for examining a witness in criminal proceedings is impermissible and violates the statutory framework enshrined in Sections 284 to 286 CrPC. When a witness cannot attend court due to age, infirmity, or other reasonable grounds, the proper procedure is to approach the concerned Chief Metropolitan Magistrate or Chief Judicial Magistrate for appointing a Magistrate as Commissioner to examine the witness in accordance with the statutory provisions, not to appoint a private advocate for this purpose.
On this section: Provides that upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall summon the witness and take down evidence in the same manner as in warrant-case trials.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 321
What have the courts held on Section 321 of the Bharatiya Nagarik Suraksha Sanhita?
Dr. N. Rama Krishna Raju vs Dr. T. Srinivasulu (24 Aug 2012) is the leading judgment on this section among those set out below, though it was decided under CRPC 286, which this section replaced -- the court never mentioned this Act: Provides that upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall summon the witness and take down evidence in the same manner as in warrant-case trials.
How do I find court cases under Section 321 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 321, section 321 BNSS, section 321 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. N. Rama Krishna Raju vs Dr. T. Srinivasulu (24 Aug 2012).
What should I read with Section 321 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 286 (Execution of commissions), so the judgments decided under that provision are the case law on this one.
When did Section 321 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 321 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 321, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.