Section 290 CrPC: Execution of foreign commissions

Chapter XXIII

Central Government notification, CrPC applicability, examination of witnesses, Execution of Commissions, foreign commissions, International Judicial Cooperation

New Law Update (2024)

Section 283 BNSS

TRIAL COURT

Punishment

Procedural – Evidence / Witnesses

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.
(2) The Courts, Judges and Magistrates referred to in Sub-Section (1) are:
(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;
(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

Important Sub-Sections Explained

Section 290(1)

This sub-section makes the procedures for executing and returning commissions, as outlined in Sections 286, 287, and 288 of the CrPC, applicable to commissions issued by certain foreign or non-CrPC territorial authorities.

Section 290(2)

This sub-section defines the specific courts, judges, or magistrates who can issue such commissions, including those from areas of India where the CrPC does not apply or from outside India, provided they are specified by the Central Government and have the legal authority to do so.

Chapter XXIII