Section 288 CrPC: Return of commission

Chapter XXIII

admissibility of evidence, commission, Deposition, evidence, Evidentiary Value, inspection, Record, Section 33 Indian Evidence Act, Subsequent Stage

New Law Update (2024)

Section 298 BNSS

TRIAL COURT

Punishment

Procedural – Evidence / Witnesses

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) After any commission issued under Section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by Section 33 of the Indian Evidence Act, 1872 (1 of 1872) may also be received in evidence at any subsequent stage of the case before another Court.

Important Sub-Sections Explained

Section 288(1)

This sub-section outlines the standard procedure after a commission, issued for examining a witness, has been completed. It mandates that the executed commission and the witness’s deposition must be returned to the court, become part of the official record, and be accessible for inspection by all parties. Crucially, it allows this deposition to be used as evidence in the ongoing case, provided there are no legitimate objections.

Landmark Judgements

Bala Majhi v. State of Orissa, 1980 CriLJ 296 (Orissa High Court):

This case emphasized that a deposition recorded under a commission issued under Section 284 CrPC becomes admissible in evidence under Section 288 CrPC, subject to the conditions laid down in Section 33 of the Indian Evidence Act, 1872. It clarified that such depositions, when meeting the statutory requirements, can be treated as substantive evidence.

Raja Ram v. State of Haryana, AIR 1971 SC 1039 (Supreme Court):

While primarily interpreting Section 33 of the Indian Evidence Act, 1872, this landmark judgment is crucial for Section 288(2) CrPC as it lays down the foundational principles for the admissibility of previous depositions. The Supreme Court highlighted the essential conditions under which the evidence of a witness given in an earlier proceeding can be used in a subsequent judicial proceeding, directly governing the use of depositions taken on commission.

Chapter XXIII