CrPC Section 286
Section 286 of the Code of Criminal Procedure (CrPC), 1973 (India) pertains to the execution of commissions issued by a court during criminal proceedings.
Text of Section 286 CrPC:
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 of warrant-cases under this Code.
Explanation:
Issuance of Commission: A court may issue a commission to gather evidence, such as examining a witness who is unable to attend court due to illness, absence, or other valid reasons.
Execution of Commission: Upon receiving the commission, the designated Magistrate (Chief Metropolitan Magistrate, Chief Judicial Magistrate, or any appointed Metropolitan or Judicial Magistrate) is responsible for executing it
Procedure: The Magistrate may summon the witness to appear before them or travel to the witness's location to record their evidence. The evidence is taken in the same manner as in warrant-case trials, ensuring consistency and adherence to legal procedures.
Powers of Magistrate: The Magistrate has the authority to exercise the same powers as in warrant-case trials to ensure the effective execution of the commission.
Significance:
Ensuring Fair Trial: Section 286 ensures that the inability of a witness to attend court does not hinder the progress of a trial, thereby upholding the principles of justice.
Flexibility in Evidence Collection: It provides flexibility in collecting evidence, accommodating situations where traditional courtroom procedures are not feasible.
Judicial Efficiency: By allowing evidence to be recorded outside the courtroom, it contributes to the efficient conduct of trials, preventing unnecessary delays.
This provision is particularly relevant in cases where witnesses are located in different jurisdictions or are otherwise unable to be present in court, ensuring that their testimony can still be considered in the judicial process.
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