Section 285 CrPC: Commission to whom to be issued

Chapter XXIII

Commissions, Criminal procedure, Evidence recording, International Judicial Assistance, judicial procedure, jurisdiction, Magistrate Powers, witness examination

New Law Update (2024)

Section 301 BNSS

TRIAL COURT

Punishment

Procedural – Evidence / Witnesses

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

Important Sub-Sections Explained

Section 285(1)

This sub-section specifies that if a witness resides within the territorial limits where the CrPC applies, the commission for their examination must be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate having local jurisdiction over the witness’s location.

Section 285(3)

This sub-section addresses situations where a witness is located outside India. It mandates that if the Central Government has established arrangements with the foreign country for taking evidence in criminal matters, the form, recipient court/officer, and transmitting authority for the commission will be prescribed by the Central Government through a notification.

Chapter XXIII