Order LIV - Commissions under the Supreme Court Rules, 2013

Order LIV regulates the issue of commissions, the recording of witness evidence before a Commissioner, the treatment of disputed questions and evidence, and the return of commissions in proceedings before the Supreme Court of India.

A commission is an authority issued by a court appointing a person (the Commissioner) to perform a specified judicial or evidentiary task, such as examining a witness. The commission operates subject to the Supreme Court's directions and the applicable procedural rules.

Order LIV: Rules governing commissions

1. Application of the CPC. Order XXVI in the First Schedule to the Code of Civil Procedure, 1908, concerning commissions, applies, except its Rules 13, 14, 19, 20, 21 and 22. Order XXVI provides the general procedural framework for commissions, subject to these exclusions and Order LIV.
2. Application for a commission. An application to issue a commission may be made by summons in Chambers, after notice to every party that has appeared. If no party has appeared, the application may be made ex parte (without hearing an absent opposing party).
3. Disallowed questions. At the request of the advocate or other person examining a witness, the Commissioner must record a disallowed question and its answer. That material does not become admissible evidence unless the Court before which the deposition is used directs otherwise.
4. Powers regarding admissibility. Where the commission is not for examination on interrogatories (written questions), the Court may empower the Commissioner to exercise the powers of a court under Chapter X of the Indian Evidence Act, 1872, concerning examination of witnesses, including decisions on admissibility and disallowance of questions. This is the statutory reference appearing in Order LIV; the applicable evidence law and transitional provisions must be considered for proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023.
5. Copies of pleadings. Unless otherwise ordered, the party obtaining the commission must lodge copies of the pleadings in Court within 24 hours of the order. The copies are annexed to the commission when issued.
6. Challenge to a Commissioner's refusal. A party aggrieved by a refusal to admit evidence or permit a question may apply to the Court to set aside the decision and direct admission of the evidence or allowance of the question. Such an application must be made within seven days after the witness examination closes.
7. Reading and signing a deposition. Before a witness signs the recorded deposition, it must be read over and, where necessary, translated to the witness. The witness signs it; the Commissioner retains it and subscribes the Commissioner's name and the date of examination.
8. Return of commission. The commission is to be made returnable within the time directed by the Court. The source page contains the apparent word "Admissions" in this rule; the operative wording should be checked against the official Rules.

Practical procedure for seeking a commission

The applicant should identify why a commission is required, the proposed scope of the task, the witness or evidence concerned, and the directions requested. Notice should be served on parties who have appeared, unless the applicable rule permits an ex parte application. After the Court grants the application, the requesting party should supply the pleadings within the prescribed 24-hour period unless the Court directs otherwise.

During examination, objections to questions or evidence should be properly recorded. Where the Commissioner refuses a question or evidence, an aggrieved party should observe the seven-day period under Rule 6. The deposition must be read or translated as necessary before signature and the commission returned as directed.

Relationship with evidence law

Order LIV expressly refers to Chapter X of the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, subject to its savings and transitional provisions. The relevant governing statute depends on the proceeding and the applicable transitional rules; the text of Order LIV should not be treated as automatically rewritten merely because the newer evidence legislation has commenced.

Official references

See the Supreme Court of India - Supreme Court Rules and amendments and India Code - central legislation for primary legal materials.