Bharatiya Nagarik Suraksha Sanhita, 2023
Section 320
Commission to whom to be issued
(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.
Why this exists
Clear rules on exactly which authority executes a commission, from Section 285 of the old CrPC, prevent confusion between courts and ensure that cross-border commissions are only used where the Central Government has a formal arrangement with the other country, keeping international evidence-gathering orderly and legitimate.