Return of Commission, Adjournment of proceeding and Execution of foreign commissions. Section 288, 289 and 290 of Code of Criminal Procedure 1973

Return of Commission, Adjournment of proceeding and Execution of foreign commissions are defined under Section 288, 289 and 290 of CRPC 1973. Provisions under this section is:

Section 288 of CRPC " Return of Commission"

(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.

Section 289 of CRPC "Adjournment of proceeding"

In every case in which a commission is issued under Section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Section 290 of CRPC "Execution of foreign commissions"

 (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 extent, 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.

EVIDENCE IN INQUIRIES AND TRIALS

What is Language of Courts? Evidence to be taken in presence of accused What is Record in summons-cases and inquiries? What is Record in warrant-cases?. Section 272, 273, 274 and 275 of Code of Criminal Procedure 1973

Record in trial before Court of Session? What is Language of record of evidence? What is Procedure in regard to such evidence when completed? Section 276, 277 and 278 of Code of Criminal Procedure 1973

What is Interpretation of evidence to accused or his pleader? Remarks respecting demeanour of witness and What is Record of examination of accused? Section 279, 280 and 281 of Code of Criminal Procedure 1973

Interpreter to be bound to interpret truthfully.  What is Record in High Court? When attendance of witness may be dispensed with and commission issued? Section 282, 283 and 284 of Code of Criminal Procedure 1973

Commissions for Examination of Witnesses

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

Return of Commission, Adjournment of proceeding and Execution of foreign commissions. Section 288, 289 and 290 of Code of Criminal Procedure 1973

What is Deposition of medical witness? What is Evidence of Officers of the Mint?  What is Reports of certain Government scientific experts? Section 291, 292 and 293 of Code of Criminal Procedure 1973

No formal proof of certain documents, What is affidavit in proof of conduct of public servant? What is evidence of formal character on affidavit? Section 294, 295 and 296 of Code of Criminal Procedure 1973

What are the authorities before whom affidavits may be sworn? Previous conviction or acquittal how proved? What is record of evidence in absence of accused? Section 297, 298 and 299 of Code of Criminal Procedure 1973

 

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