Code:
(1) If the witness is within the territories to which this Code extends, 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, prescribe in this behalf.
Explanation:
This section empowers a Magistrate to issue a commission for the examination of a witness who is unable to attend court due to:
- Sickness
- Infirmity
- Age
- Imprisonment
- Being a woman
- Residing beyond the jurisdiction of the court
- Any other sufficient cause
The commission is issued to a person, referred to as the “Commissioner,” who is authorized to examine the witness and record their statement. The Commissioner must be a person who is:
- A Magistrate
- A Judicial Officer
- Any other person deemed fit by the Magistrate
Illustration:
Imagine a case where a key witness is bedridden due to a serious illness and cannot travel to the court. The Magistrate, realizing the witness’s inability to appear, can issue a commission to a medical professional to visit the witness at their home, record their statement, and send it to the court.
Common Questions and Answers:
Q: Who can apply for a commission under Section 285?
A: The party who wants the witness’s testimony can apply for a commission.
Q: Is there any specific format for the commission?
A: No, there is no prescribed format, but the commission must be in writing and signed by the Magistrate.
Q: Can the witness be cross-examined by the other party during the commission process?
A: Yes, the other party can be present during the examination and can cross-examine the witness. If not present, they can submit questions to be asked by the Commissioner.
