Bharatiya Nagarik Suraksha Sanhita, 2023
Section 322
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.
Why this exists
The right to cross-examine witnesses is a cornerstone of a fair trial. This provision, from Section 287 of the old CrPC, preserves that right even when a witness's evidence is being taken away from the main courtroom through a commission, so neither side loses the ability to properly test the witness's account.