Parties may examine witnesses
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Summary
When a Court or Magistrate issues a commission to examine a witness, parties may send written interrogatories that the officer executing the commission may ask the witness. The Magistrate, Court or officer conducting the commission can examine the witness on those questions. Parties may appear by an advocate or in person if not in custody and may examine, cross-examine and re-examine the witness.
Example
Priya’s key witness lives in another city and the Court issues a commission to examine them there. Priya forwards written interrogatories to the Magistrate carrying out the commission, and that Magistrate may put those questions to the witness. Priya appears through her advocate and can examine, cross-examine and re-examine the witness.
Bare Act
Enacted text(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.
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