Execution of commissions
Section 286 of the Code of Criminal Procedure, 1973 deals with execution of commissions. Upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial 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 Code.
287.
Section 286, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 321 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 The repealed enactment still governs what happened while it was in force.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
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 286
What have the courts held on Section 286 of the Code of Criminal Procedure?
Dr. N. Rama Krishna Raju vs Dr. T. Srinivasulu (24 Aug 2012) is the leading judgment on this section among those set out below: 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 286 of the Code of Criminal Procedure?
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: CRPC 286, section 286 CRPC, section 286 of the Code of Criminal Procedure. 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 286 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 321 (Execution of commissions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 286 of the Code of Criminal Procedure come into force?
Section 286 of the Code of Criminal Procedure, cited as CRPC 286, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.