CrPC Section 285: Commission Issuance – Code of Criminal Procedure
1. Code:
Section 285 of the Code of Criminal Procedure (CrPC) deals with the issuance of commissions for the examination of witnesses.
2. Explanation:
This section empowers a Magistrate to issue a commission for the examination of a witness who is unable to attend court due to:
- Sickness
- Infirmity
- Age
- Imprisonment
- Being a woman
- Residing beyond the jurisdiction of the court
- Any other sufficient cause
The commission is issued to a person, referred to as the “Commissioner,” who is authorized to examine the witness and record their statement. The Commissioner must be a person who is:
- A Magistrate
- A Judicial Officer
- Any other person deemed fit by the Magistrate
3. Illustration:
Imagine a case where a key witness is bedridden due to a serious illness and cannot travel to the court. The Magistrate, realizing the witness’s inability to appear, can issue a commission to a medical professional to visit the witness at their home, record their statement, and send it to the court.
4. Common Questions and Answers:
Q: Who can apply for a commission under Section 285?
A: The party who wants the witness’s testimony can apply for a commission.
Q: Is there any specific format for the commission?
A: No, there is no prescribed format, but the commission must be in writing and signed by the Magistrate.
Q: Can the witness be cross-examined by the other party during the commission process?
A: Yes, the other party can be present during the examination and can cross-examine the witness. If not present, they can submit questions to be asked by the Commissioner.
