Execution of commissions
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Summary
When a commission to examine a witness is received, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or a magistrate they appoint, must summon the witness or go to where the witness is and record the evidence. They follow the same procedure and may use the same powers as in trials of warrant-cases.
Example
Priya is too ill to travel but a court issues a commission to record her testimony. On receiving it the Chief Judicial Magistrate summons Priya or visits her home and records her evidence, using the same procedure and powers as in a warrant-case.
Bare Act
Enacted textUpon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall lake down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.
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