Parties may examine witnesses
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Summary
When a commission is issued in a proceeding, each party may send written interrogatories the court or magistrate finds relevant. The magistrate, court or officer executing the commission may examine the witness on those questions. A party may appear by pleader, or in person if not in custody, and may examine, cross-examine and re-examine the witness.
Example
Priya is a complainant and the court issues a commission to record evidence from a witness in another city. Her pleader forwards written interrogatories to the magistrate who will take the evidence. The magistrate examines the witness on those questions. Priya, not in custody, attends and through her pleader cross-examines and re-examines the witness.
Bare Act
Enacted text(1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
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