Commission to whom to be issued
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Summary
When a commission is needed to record a witness's evidence, send it to the Chief Metropolitan Magistrate or Chief Judicial Magistrate whose local jurisdiction includes the witness if the witness is within the territories covered by this Code. If the witness is elsewhere in India where the Code does not apply, the Central Government will notify which court or officer should receive the commission. If the witness is abroad and India has formal arrangements with that country, the Central Government will prescribe the form, addressee and mode of transmission.
Example
Karan has moved to a country abroad and the trial needs his testimony. Because the Central Government has an arrangement with that country, the court will issue the commission in the form and send it to the foreign authority and officer that the Central Government prescribes. The evidence will then be taken through the channel notified by the Central Government.
Bare Act
Enacted text(1) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification prescribe in this behalf.
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