CrPC Section 285
⚖️ CrPC Section 285 – Commission to whom to be issued
Section 285 deals with issuing a commission for the examination of a witness who is located outside the jurisdiction of the court.
📜 Text Summary:
When a court issues a commission under Section 284 (for examining a witness who cannot be present in court), the commission shall be directed to:
A Magistrate of the first class, or
A Metropolitan Magistrate, who has jurisdiction in the area where the witness is located.
This Magistrate will then be responsible for recording the witness’s testimony and returning it to the issuing court.
🧠 Purpose:
This section ensures that:
The correct authority is entrusted with recording the statement of a witness who is far away.
The process is conducted legally and reliably by a competent judicial officer.
🧾 How it works:
The court decides it’s not feasible for a witness to appear in person.
It issues a commission under Section 284.
That commission is sent to a Magistrate of First Class or a Metropolitan Magistrate in the area where the witness is.
The Magistrate records the evidence and sends it back to the issuing court.
🔄 Related Section:
Section 284 – Lays down the conditions under which a commission for examination of a witness may be issued.
Section 286 – Covers how the evidence is returned after examination.
RELATED Blog
0 comments