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.

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