Section 323 of BNSS : Section 323: Return of commission.

Explanation using Example

Example 1:

Scenario: A high-profile corruption case is being tried in a court in Mumbai. One of the key witnesses, Mr. Sharma, is currently residing in the United States and is unable to travel to India due to health issues.

Application of Section 323:

1. The court in Mumbai issues a commission under Section 319 to a legal authority in the United States to record Mr. Sharma's deposition.
2. The commission is duly executed in the United States, and Mr. Sharma's deposition is recorded.
3. The recorded deposition, along with the executed commission, is sent back to the court in Mumbai.
4. Upon receipt, the court makes the deposition available for inspection by both the prosecution and the defense at reasonable times.
5. During the trial, either party can read Mr. Sharma's deposition as evidence, subject to any valid objections.
6. The deposition becomes part of the official court record.

Example 2:

Scenario: In a murder trial in Delhi, a crucial witness, Ms. Gupta, is in a remote village in Himachal Pradesh and cannot travel to Delhi due to severe weather conditions.

Application of Section 323:

1. The Delhi court issues a commission under Section 319 to a local magistrate in Himachal Pradesh to record Ms. Gupta's deposition.
2. The magistrate in Himachal Pradesh executes the co...

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