Section 271 CrPC: Issuing Commission for Witness Examination in Prison – Code of Criminal Procedure
1. Code:
Section 271 of the Code of Criminal Procedure (CrPC), 1973, deals with the issuance of a commission for the examination of a witness who is confined in prison.
2. Explanation:
This section empowers a Magistrate to issue a commission for the examination of a witness who is unable to appear in court due to being confined in prison. The commission authorizes a specific person (usually another Magistrate or a police officer) to examine the witness in prison and record their statement.
The Magistrate has the discretion to decide whether or not to issue a commission based on the circumstances of the case. They may consider factors such as the nature of the witness’s testimony, the distance between the prison and the court, and the potential for undue influence on the witness.
3. Illustration:
Suppose a witness in a criminal trial is incarcerated in a prison located far away from the court. Due to logistical and security concerns, it is impractical to bring the witness to the court for examination. In this situation, the Magistrate can issue a commission under Section 271 to another Magistrate or a police officer to examine the witness at the prison.
4. Common Questions and Answers:
- Q: Can any witness be examined under a commission?
- A: No, only witnesses confined in prison are eligible for examination under a commission issued under Section 271.
- Q: Who can issue the commission?
- A: A Magistrate, usually the one presiding over the trial, has the authority to issue a commission.
- Q: What are the procedures for examining a witness through a commission?
- A: The person appointed by the commission (e.g., another Magistrate or police officer) will examine the witness in the presence of the accused or their legal representative. The examination will be recorded and submitted to the court.
- Q: What happens to the witness’s statement after it is recorded?
- A: The recorded statement is treated as evidence and is presented to the court for consideration during the trial.
