Section 325 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 325 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
π Full Text of Section 325
325. Execution of Foreign Commissions
The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges, or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.
The Courts, Judges, and Magistrates referred to in sub-section (1) areβ
(a) any such Court, Judge, or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;
(b) any Court, Judge, or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.
βοΈ Corresponding Provision in the Indian Penal Code (IPC)
Section 325 of the BNSS, 2023, corresponds to Section 290 of the Indian Penal Code (IPC). Both provisions deal with the execution of foreign commissions, ensuring that commissions issued by foreign courts or authorities are executed in accordance with the procedures specified within the respective legal frameworks.
π§ Purpose and Significance
International Legal Cooperation: This section facilitates international legal cooperation by providing a clear framework for executing commissions issued by foreign judicial authorities, thereby aiding in the administration of justice across borders.
Consistency in Legal Procedures: By applying the same provisions that govern domestic commissions to foreign commissions, this section ensures consistency and uniformity in legal procedures, enhancing the efficiency and predictability of legal processes.
Enhanced Judicial Efficiency: The provision enables the effective use of foreign evidence in domestic legal proceedings, thereby enhancing the efficiency and comprehensiveness of judicial processes.
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