Commission to whom to be issued
AI Assist
Summary
Send the commission to the court that can take the witness's evidence based on where the witness is located. If the witness is within the Sanhita's territory, the commission goes to the Chief Judicial Magistrate for that local area. If the witness is elsewhere in India, it is sent to the court or officer specified by the Central Government by notification. If the witness is abroad and the Central Government has arrangements, the commission is issued and forwarded in the prescribed form to the prescribed authority.
Example
Priya lives in a State where this Sanhita does not extend, and a magistrate needs her testimony for a criminal inquiry. The commission will be directed to the court or officer that the Central Government has notified to receive such commissions.
Bare Act
Enacted text(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.
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