Section 322 of The Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Summary
- Parties involved in a proceeding where a commission is issued may submit written questions (interrogatories) for the witness.
- The Court, Magistrate, or officer executing the commission is authorized to examine the witness based on these submitted questions.
- Parties have the right to be present during the examination, either in person (if not in custody) or through an advocate.
- Parties are permitted to conduct examination, cross-examination, and re-examination of the witness during the commission proceedings.
Practical examples
FAQ
1. Can I submit my own questions for a witness being examined by a commission?
Yes, parties may forward written interrogatories to the Court or Magistrate, provided they are deemed relevant to the issue.
2. Am I allowed to be present when the witness is being examined?
Yes, you may appear in person if you are not in custody, or you may be represented by an advocate.
3. What actions can a party take during the witness examination?
A party or their advocate may examine, cross-examine, and re-examine the witness.
4. Who is responsible for asking the written questions submitted by the parties?
The Magistrate, Court, or officer to whom the commission is directed or delegated is responsible for examining the witness upon those interrogatories.
Test yourself
1.Under Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what may the parties to a criminal proceeding do when a commission is issued to examine a witness?
2.Under Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is authorized to examine the witness upon the written interrogatories forwarded by the parties?
3.Under Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how may a party to the case appear before the executing officer to examine, cross-examine, and re-examine the witness?
4.Under Section 322 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which details how parties interact with a commission issued under Section 319, which of the following is a legal right granted to the parties?