Execution of Foreign commissions
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Summary
Commissions issued by certain courts outside this Sanhita's territorial reach, or by foreign courts notified by the Central Government, are to be executed and returned under the same procedure that applies to domestic commissions. The notified authorities include Indian courts in areas where the Sanhita does not extend and foreign courts that lawfully issue criminal witness commissions. The Central Government identifies and notifies these courts.
Example
Priya lives in India but a court abroad issues a commission to examine her as a witness in a criminal case. Because the Central Government has notified that foreign court, an Indian court will execute and return the commission using the same procedures as for domestic commissions.
Bare Act
Enacted text(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319.
(2) The Courts, Judges and Magistrates referred to in sub-section (1) are-
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(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;
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(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.
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