Execution of foreign commissions
AI Assist
Summary
Rules for executing and returning witness-examination commissions apply to commissions issued by certain foreign or extra-territorial courts, judges or magistrates. This happens when the Central Government notifies a court exercising jurisdiction in an area where this Code does not extend, or a court outside India that under its own law can issue such commissions. Such commissions are executed here under the same procedures as domestic commissions.
Example
Ravi lives in India. A court in a neighbouring country that the Central Government has notified issues a commission to examine him as a witness in a criminal trial there. The Indian magistrate will execute and return that commission following the same procedures used for domestic commissions.
Bare Act
Enacted text(1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.
(2) The Courts, Judges and Magistrates referred to in Sub-Section (1) are:
-
(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;
-
(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.
Previous year papers
Pick your exam. we'll email the most recent paper.