Return of commission
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Summary
Once a commission to examine a witness is executed, it must be returned to the issuing court or magistrate with the witness deposition. The commission, its return and the deposition must be open for party inspection at reasonable times and, subject to proper exceptions, either party may read them into evidence as part of the record. If the deposition satisfies Evidence Act section 33 it can also be admitted later before another court.
Example
Priya lives in another state and is examined under a commission issued by the trial court. After execution the commission and her deposition are returned to the trial court, where both parties inspect the papers. The defence reads the deposition into evidence, and because it meets the Evidence Act section 33 conditions it is also admitted later in proceedings before another court.
Bare Act
Enacted text(1) After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872) may also be received in evidence at any subsequent stage of the case before another Court.
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