Power to issue commission for examination of witness in prison
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Summary
When a person is confined in prison, the court can issue a commission under section 284 to have them examined as a witness. The same Part B procedures in Chapter XXIII that apply to examination on commission of other persons also apply to examinations carried out in prison. This lets the court take the prisoner’s testimony without bringing them out of prison.
Example
Rohan is detained on unrelated charges but witnessed a road accident and is needed to give evidence in another trial. The court issues a commission under section 284 to examine Rohan inside the prison, and the Part B rules of Chapter XXIII govern how that examination is carried out.
Bare Act
Enacted textThe provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.
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