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Reading: CrPC Section 285: Commission Issuance – Code of Criminal Procedure
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ApniLaw > Blog > Bare Act > CrPC > CrPC Section 285: Commission Issuance – Code of Criminal Procedure
CrPC

CrPC Section 285: Commission Issuance – Code of Criminal Procedure

Apni Law
Last updated: November 28, 2024 10:48 pm
Apni Law
1 year ago
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CrPC Section 285: Commission Issuance – Code of Criminal Procedure

Contents
1. Code:2. Explanation:3. Illustration:4. Common Questions and Answers:

1. Code:

Section 285 of the Code of Criminal Procedure (CrPC) deals with the issuance of commissions for the examination of witnesses.

2. 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

3. 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.

4. 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.

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TAGGED:Code of Criminal ProcedureCommission IssuanceCriminal JusticeCrPCIndian LawLegal ProcedureSection 285
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