CrPC Section 298
Section 298 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 298 – Power to examine witnesses on commission
What does Section 298 say?
When a witness cannot attend the trial in person (because of sickness, infirmity, or other reasons), the court may direct that the witness be examined on commission.
The examination on commission means that the witness is examined outside the court, usually by a person appointed by the court (a Commissioner), and the evidence recorded is sent to the court for use in the trial.
Key Points:
The court has the discretion to order examination on commission if the witness:
Is unable to attend court due to illness or other sufficient cause,
Or if the court thinks it necessary or expedient.
The person appointed to examine the witness (the Commissioner) can be a Magistrate or another person the court trusts.
The examination usually involves the Commissioner taking the witness's evidence on oath, including cross-examination by the parties.
The recorded evidence is then read in court as part of the trial proceedings.
Purpose:
To avoid delay in trial proceedings when a witness cannot appear physically.
To ensure important evidence is recorded properly and preserved.
Related Sections:
Section 299 CrPC – deals with examination of witnesses outside the jurisdiction of the court.
Section 281 CrPC – examination of witnesses in warrant cases on commission.
Section 311 CrPC – power to summon or examine witnesses.
Summary:
| Condition | What happens |
|---|---|
| Witness unable to attend court | Court may order examination on commission |
| Commissioner appointed | Examines witness outside court |
| Evidence recorded | Sent back to court and read in trial |
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