Commission to whom to be issued? Execution of commissions. Parties may examine witnesses Section 285, 286 and 287 of Code of Criminal Procedure 1973

Commission to whom to be issued, Execution of commissions and Parties may examine witnesses are defined under Section 285, 286 and 287 of CRPC 1973. Provisions under this section is:

 

Section 285 of CRPC "Commission to whom to be issued"

(1) If witness is within the territories to which this Code extend the commission shall be directed to the Chief Metropolitan Magistrate or the 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, prescribed in this behalf.

 

Section 286 of CRPC "Execution of commissions"

Upon receipt of the Commission, the Chief Metropolitan Magistrate, or 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 take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials or warrant cases under this Code.

 

Section 287 of CRPC "Parties may examine witnesses"

(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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