Section 325 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 325 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 pertains to the execution of foreign commissions—that is, legal commissions issued by foreign courts for gathering evidence in India.
Key Provisions of Section 325
Application of Domestic Provisions to Foreign Commissions
Sub-section (1) states that the provisions of Sections 321, 322, and 323—regarding the issuance, execution, and return of commissions—shall apply mutatis mutandis (with necessary changes) to commissions issued by foreign courts.
This means the same procedures used for Indian commissions will also apply when executing foreign-issued commissions in India.
Notification by the Central Government
Sub-section (2) empowers the Central Government to declare, by notification in the Official Gazette, the names of foreign courts, judges, or magistrates whose commissions may be executed in India.
Only those foreign authorities notified by the Central Government will be eligible to have their commissions executed under this provision.
Practical Implications
International Judicial Cooperation:
This section enables cross-border evidence collection and supports mutual legal assistance between India and other countries.
Example Use Cases:
A foreign court investigating an international fraud case may need testimony from an Indian witness. The commission from that foreign court can be executed in India under Section 325.
In a cybercrime case involving entities in both India and another country, the foreign country’s court can request evidence or testimony through a commission, which can be lawfully executed in India.
Conclusion
Section 325 plays a crucial role in facilitating international legal processes by allowing Indian authorities to execute evidence-related requests (commissions) from recognized foreign courts. This ensures that evidence collected across borders is admissible and handled in accordance with Indian legal procedures.
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