Code
(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 extend, 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.
Explanation
This section empowers Indian courts to assist foreign courts or tribunals by executing their commissions. A commission is a formal request from a foreign court to a court in another jurisdiction to obtain evidence or perform a specific act related to a case pending before the foreign court.
When a foreign court issues a commission, it is sent to the Indian court designated by the Indian government. The Indian court then examines the commission and ensures that it is legally valid and complies with Indian laws. If the commission is acceptable, the Indian court appoints a commissioner to execute the commission.
The commissioner then proceeds to collect the evidence or perform the requested act as directed by the commission. The collected evidence or the result of the performed act is then sent back to the foreign court for their use in the proceedings.
Illustration
Imagine a case where a foreign company sues an Indian company in a foreign court. During the proceedings, the foreign court needs evidence from India about a particular transaction. To obtain this evidence, the foreign court can issue a commission to an Indian court. The Indian court then appoints a commissioner to visit the Indian company’s premises, examine documents, and interview relevant personnel. The commissioner then sends the collected evidence back to the foreign court.
Common Questions and Answers
Q: What are the conditions for executing a foreign commission?
A: Section 290 lays down certain conditions for executing foreign commissions. These include:
- The commission must be legally valid and comply with Indian laws.
- The commission should not request any act that violates Indian laws.
- The foreign court must provide sufficient information about the nature of the case and the evidence sought.
Q: What are the duties of the commissioner appointed by the Indian court?
A: The commissioner’s duties include:
- Ensuring the commission is legally valid.
- Collecting evidence or performing the requested act as directed by the commission.
- Sending the collected evidence or the result of the performed act back to the foreign court.
Q: Can the Indian court refuse to execute a foreign commission?
A: Yes. The Indian court can refuse to execute a foreign commission if it is not satisfied that the conditions laid down in Section 290 are met.
