Upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this 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 or warrant-cases under this Code.
Contents
Explanation:
When a court issues a commission, it is essentially delegating the task of gathering evidence or performing a specific act to another person, referred to as the “commissioner.” This section outlines how the commissioner should proceed in executing the commission:- Summon Witnesses: The commissioner can summon witnesses to appear before them and give evidence, similar to the court’s own power.
- Receive Evidence: They are empowered to receive evidence, including oral testimony, documents, and physical objects, relevant to the case.
- Record Proceedings: The commissioner must maintain a record of all proceedings, including the evidence received, witness statements, and any observations made.
- Return Commission: Once the commission is executed, the commissioner must return it to the court along with the collected evidence and a report of their findings.
Illustration:
Imagine a case where a witness is too ill to travel to the court. The court may issue a commission to a doctor to examine the witness at home and record their statement. The doctor, as the commissioner, would then follow the steps outlined in Section 286 to gather evidence and return the commission to the court.Common Questions and Answers:
Q: Who can be appointed as a commissioner?
A: Generally, a person qualified and capable of performing the tasks specified in the commission can be appointed. This could include a doctor, lawyer, police officer, or any other suitable individual.Q: What happens if the commissioner fails to execute the commission?
A: The court can take action against the commissioner for non-compliance. This might include penalties or even contempt of court proceedings.Q: Can a commissioner refuse to execute a commission?
A: In certain circumstances, a commissioner may have valid reasons to refuse. For example, they might not be qualified to perform the tasks or have a conflict of interest. However, they must have a justifiable reason for refusing.
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