Chapter XXIII
Section 287 CrPC: Parties may examine witnesses
New Law Update (2024)
Section 301 BNSS
TRIAL COURT
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
Important Sub-Sections Explained
Section 287(1)
This sub-section allows parties to submit written questions (interrogatories) to the Court or Magistrate. These questions, if deemed relevant, are then used to examine the witness by the authority executing the commission.
Section 287(2)
This sub-section grants parties the right to appear, either through a pleader or in person (if not in custody), before the commission-executing authority. They can then directly examine, cross-examine, and re-examine the witness as required.