Execution of commissions
AI Assist
Summary
On receipt of a commission, the Chief Judicial Magistrate or a Magistrate he appoints must either summon the witness or go to where the witness is, and record the witness's evidence in the same manner as in trials of warrant-cases. For that purpose the Magistrate may exercise the same powers as in warrant-case trials, including summoning and examining witnesses. This lets evidence be taken outside the original court with full judicial authority.
Example
Priya lives in another town and is a witness in a theft case. After the court sends a commission, the Chief Judicial Magistrate summons Priya or goes to her town and records her testimony the same way as in a warrant-case, using the same powers to examine and compel attendance. Priya's evidence is officially recorded without her having to travel to the original court.
Bare Act
Enacted textUpon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.
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