Whenever in the course of any inquiry, trial or other proceedings, it appears to a court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without any amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness.
Where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union Territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (Section 284)
If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate within the local limits of whose jurisdiction the witness is to be found.
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ADVERTISEMENTS:
If the witness is in India, but in an area to which this Code does not extend, the commission shall be directed to such court or officer as the Central Government may specify.
If the witness is outside of India where arrangement has been made by the Central Government with the Government of such country or place, the commission shall be issued, directed to such court or officer and sent to such authority for transmission, as the Central Government may prescribe.
Execution of Commissions:
ADVERTISEMENTS:
Upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such metropolitan or judicial Magistrate as he may appoint in his 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 of warrant-cases under the Code. (Section 286)
The parties to any proceeding under the 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.
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. (Section 287)
Return of commission:
ADVERTISEMENTS:
After any commission has been duly executed it shall be returned, together with the deposition of the witness examined there under, 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. (Section 288)