Code:
(1) After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, 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.
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.
Explanation:
This section empowers the Magistrate to recall a commission issued for examination of a witness or for any other purpose. It allows the Magistrate to demand the return of the commission and related documents through a warrant.
Illustration: CrPC Section 288
Suppose a Magistrate issues a commission to a police officer to examine a witness residing in another city. However, the Magistrate later discovers that the witness is no longer required to be examined. In this case, the Magistrate can recall the commission and demand its return along with all related documents.
Common Questions and Answers:
Q: What are the grounds on which a Magistrate can recall a commission?
A: The Magistrate can recall a commission for any reason deemed necessary, such as the discovery of new information, the absence of the need for the examination, or any other relevant reason.
Q: Is the person holding the commission obligated to return it?
A: Yes, the person holding the commission is required to return it upon receiving a warrant from the Magistrate.
Q: What happens if the person holding the commission fails to return it?
A: Failure to comply with the warrant may result in contempt of court proceedings.
