Return of commission
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Summary
After a commission to examine a witness is executed, it must be returned with the witness deposition to the issuing Court or Magistrate. The commission, the return and the deposition are open to inspection by the parties, can be read in evidence by either party subject to proper exceptions, and become part of the record. If the deposition meets the Evidence Act's admissibility conditions, it can also be received in evidence later by another court.
Example
Priya files an FIR and a commission is issued to record a witness in another district. After the commission is executed, the deposition is returned to the issuing Court; both parties may inspect it and either party may read it in evidence, and it forms part of the record. If the deposition meets the Evidence Act conditions, it can be admitted later before another court.
Bare Act
Enacted text(1) After any commission issued under section 319 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court.
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