Power to issue commission for examination of witness in prison
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Summary
Courts may issue a commission to examine, as a witness, any person confined in prison. That power operates alongside other powers in the Chapter, and the procedures in Part B of Chapter XXV apply when the examination is held in prison. In practice, a prisoner can be examined on commission under the same rules as any other witness.
Example
Ravi is serving a sentence in prison for a separate offence but witnessed a neighbour’s assault that matters in another trial. The court can issue a commission to have Ravi examined in prison as a witness, and the Part B procedures will apply just as they would for any other commissioned examination.
Bare Act
Enacted textThe provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.
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