CrPC Section 288: Return of Commission
This section deals with the return of a commission by a Magistrate.
1. State the Code:
Section 288: Return of Commission
When a Magistrate has issued a commission for the examination of a witness or for any other purpose, he may, at any time, recall the commission, and may, by warrant, require the person to whom the commission was issued to return the commission and all documents relating thereto to him.
2. 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.
3. Illustration:
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.
4. 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.
