B—Commissions for the examination of witnesses
284. When attendance of witness may be dispensed with and
commission issued.
(1)
Whenever, in the course of any inquiry, trial or other proceeding under this
Code, it appears
to
a Court of Magistrate that the examination of a witness is necessary for the
ends of justice, and
that
the attendance of such witness cannot be procured without an amount of delay,
expense or
inconvenience
which, under the circumstances of the case, would be unreasonable, the Court or
Magistrate
may dispense with such attendance and may issue a commission for the
examination
of
the witness in accordance with the provisions of this Chapter:
Provided
that where the examination of the President or the Vice-President of India or
the
Governor
of a State or the Administrator of a Union Territory as a witness is necessary
for the
ends
of justice, a commission shall be issued for the examination of such a witness.
(2)
The Court may, when issuing a commission for the examination of a witness for
the
prosecution
direct that such amount as the Court considers reasonable to meet the expenses
of
the
accused including the pleader's fees, be paid by the prosecution.
285. Commission to whom to be issued.
(1)
If the witness is within the territories to which this Code extends, the
commission shall be
directed
to the Chief Metropolitan Magistrate or 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.
286. Execution of commissions.
Upon
receipt of the commission, the Chief Metropolitan Magistrate of 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 of warrantcases
under
this Code.
287. Parties may examine witnesses.
(1)
The parties to any proceeding under this Code in which a commission is issued
may
respectively
forward any interrogatories in writing which the Court or Magistrate directing
the
commission
may think relevant to the issue, and it shall be lawful for the Magistrate,
Court or
officer
to whom the Commission is directed, or to whom the duty of executing it is
delegated, to
examine
the witness upon such interrogatories.
(2)
Any such party may appear before such Magistrate, Court or officer by pleader,
or if not in
custody,
in person, and may examine, cross-examine and re-examine (as the case may be)
the
said
witness.
288. Return of commission.
(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.
289. Adjournment of proceeding.
In
every case in which a commission is issued under section 284, the inquiry,
trial or other
proceeding
may be adjourned for a specified time reasonably sufficient for the execution
and
return
of the commission.
290. Execution of foreign commissions.
(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.
291. Deposition of medical witness.
(1)
The deposition of a civil surgeon or other medical witness, taken and attested
by a Magistrate
in
the presence of the accused, or taken on commission under this Chapter, may be
given in
evidence
in any inquiry, trial or other proceeding under this Code, although the
deponent is not
called
as a witness.
(2)
The Court may, if it thinks fit, and shall, on the application of the
prosecution or the accused,
summon
and examine any such deponent as to the subject-matter of his deposition.
292. Evidence of officers of the Mint.
(1)
Any document purporting to be a report under the hand of any such gazetted
officer of the
Mint
or of the India Security Press (including the office of the Controller of
Stamps and
Stationery)
as the Central Government may, by notification, specify in this behalf, upon
any
matter
or thing duly submitted to him for examination and report in the course of any
proceeding
under
this Code, may be used as evidence in any inquiry, trial or other proceeding
under this
Code,
although such officer is not called as a witness.
(2)
The Court may, if it thinks fit, summon and examine any such officer as to the
subject-matter
of
this report:
Provided
that no such officer shall be summoned to produce any records on which the
report
is based.
(3)
Without prejudice to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872
(1
of 1872) no such officer shall, except with the permission of the master of the
Mint or the
India
Security Press or the Controller of Stamps and Stationery, as the case may be,
be
permitted—
(a)
to give any evidence derived from any unpublished official records on which the
report
is based; or
(b)
to disclose the nature or particulars of any test applied by him in the course
of the
examination
of the matter or thing.
293. Reports of certain Government scientific experts.
(1)
Any document purporting to be a report under the hand of a Government
scientific expert to
whom
this section applies, upon any matter or thing duly submitted to him for
examination or
analysis
and report in the course of any proceeding under this Code, may be used as
evidence in
any
inquiry, trial or other proceeding under this Code.
(2)
The Court may, if it thinks fit, summon and examine any such expert as to the
subject-matter
of
his report.
(3)
Where any such expert is summoned by a Court and he is unable to attend
personally, he
may,
unless the Court has expressly directed him to appear personally, depute any
responsible
officer
working with him to attend the Court, if such officer is conversant with the
facts of the
case
and can satisfactorily depose in Court on his behalf.
(4)
This section applies to the following Government scientific experts, namely:—
(a)
any Chemical Examiner or Assistant Chemical Examiner to Government;
(b)
the Chief Inspector of Explosives;
(c)
the Director of the Finger Print Bureau;
(d)
the Director, Haffkeine Institute, Bombay;
(e)
the Director Deputy Director or Assistant Director of a Central Forensic
Science
Laboratory
or a State forensic Science Laboratory;
(f)
the Serologist to the Government.
Comments
The
Court has to accept documents issued by any of the six officers who are
mentioned in
section
293 as valid evidence without examining the author thereof: Visakha Agro Chemicals (P)
Ltd. v. Fertiliser Inspector-cum-Assistant Director of Agriculture
(Regular), (1997) 2 Crimes
648
(AP).
294. No formal proof of certain documents.
(1)
Where any document is filed before any Court by the prosecution or the accused,
the
particulars
of every such document shall be included in a list and the prosecution or the
accused,
as
the case may be, or the pleader for the prosecution or the accused, if any,
shall be called upon
to
admit or deny the genuineness of each such document.
(2)
The list of documents shall be in such form as may be prescribed by the State
Government.
(3)
Where the genuineness of any document is not disputed, such document may be
read in
evidence
in any inquiry trial or other proceeding under this Code without proof of the
signature
of
the person to whom it purports to be signed:
Provided
that the Court may, in its discretion, require such signature to be proved.
295. Affidavit in proof of conduct of public servants.
When
any application is made to any Court in the course of any inquiry, trial or
other proceeding
under
this Code, and allegations are made therein respecting any public servant, the
applicant
may
give evidence of the facts alleged in the application by affidavit, and the
Court may, if it
thinks
fit, order that evidence relating to such facts be so given.
296. Evidence of formal character on affidavit.
(1)
The evidence of any person whose evidence is of a formal character may be given
by
affidavit
and may, subject to all just exceptions, be read in evidence in any inquiry,
trial or other
proceeding
under this Code.
(2)
The Court may, if it thinks fit, and shall, on the application of the
prosecution or the accused,
summon
and examine any such person as to the facts contained in his affidavit.
297. Authorities before whom affidavits may be sworn.
(1)
Affidavits to be used before any Court under this Code may be sworn or affirmed
before—
(a)
any Judge or any Judicial or Executive Magistrate, or
(b)
any Commissioner of Oaths appointed by a High Court or Court of
Session,
or
(c)
any notary appointed under the Notaries Act, 1952 (53 of 1952).
(2)
Affidavits shall be confined to, and shall state separately, such facts as the
deponent is able to
prove
from his own knowledge and such facts as he has reasonable ground to believe to
be true,
and
in the latter case, the deponent shall clearly state the grounds of such
belief.
(3)
The Court may order any scandalous and irrelevant matter in the affidavit to be
struck out or
amended.
298. Previous conviction of acquittal how proved -
In
any inquiry, trial or other proceeding under this Code, a previous conviction
or acquittal may
be
proved, in addition to any other mode provided by any, law for the time being
in force,—
(a)
by an extract certified under the hand of the officer having the custody of the
records
of
the Court in which such conviction or acquittal was held, to be a copy of the
sentence
or
order, or
(b)
in case of a conviction, either by a certificate signed by the officer in
charge of the jail
in
which the punishment or any part thereof was undergone, or by production of the
warrant
of commitment under which the punishment was suffered. together with, in each
of
such cases evidence as to the identity of the accused person with the person so
convicted
or acquitted.
299. Record of evidence in absence of accused.
(1)
If it is proved that an accused person has absconded, and that there is no
immediate prospect
of
arresting him, the Court competent to try or commit for trial such person for
the offence
complained
of, may, in his absence, examine the witnesses (if any) produced on behalf of
the
prosecution,
and record their depositions and any such deposition may, on the arrest of such
person,
be given in evidence against him on the inquiry into, or trial for, the offence
with which
he
is charged, if the deponent is dead or incapable of giving evidence or cannot
be found or his
presence
cannot be procured without an amount of delay, expense or inconvenience which,
under
the
circumstances of the case, would be unreasonable.
(2)
If it appears that an offence punishable with death or imprisonment for life
has been
committed
by some person or persons unknown, the High Court or the Sessions Judge may
direct
that
any Magistrate of the first class shall hold an inquiry and examine any
witnesses who can
give
evidence concerning the offence and any depositions so taken may be given in
evidence
against
any person who is subsequently accused of the offence, if the deponent is dead
or
incapable
of giving evidence or beyond the limits of India.
STATE AMENDMENT
Uttar Pradesh:
In
section 299 in sub-section (1) for the words "competent to try such
person" the words
"competent
to try such person or to commit him for trial" shall be substituted.
[Vide U.P. Act 6 of 1976, sec. 7
(w.e.f. 28-11-1975).
