CrPC Section 446
Section 446 CrPC – Power to issue commission for examination of witnesses
Text of Section 446 CrPC:
"Power to issue commission for examination of witnesses."
The Court before which a suit or proceeding is pending may issue a commission for the examination of any witness, either within or without the local limits of its jurisdiction, and for the production of documents or other things; and any such commission shall be issued in accordance with the provisions of this Chapter.
Explanation in Detail:
Section 446 of the CrPC deals with the power of the court to issue a commission to examine witnesses or to produce documents and other materials. This power allows the court to collect evidence from witnesses who cannot appear in court for some reason.
Key Points:
What is a Commission?
A commission is a formal authority or order issued by the court to a person (called a Commissioner) to perform certain duties related to gathering evidence, like examining a witness or inspecting documents.
When is Commission Issued?
The court may issue a commission for the examination of witnesses:
If a witness cannot attend the court personally due to illness, distance, or other reasons.
When witnesses are located outside the jurisdiction of the court.
To record evidence in places far away to avoid inconvenience or expense.
Scope of Commission:
The commission may involve:
Examination of witnesses.
Production or inspection of documents.
Any other evidence that may be necessary for the case.
Who Conducts the Examination?
The Commissioner appointed by the court conducts the examination of the witness or collects the evidence on behalf of the court.
Purpose:
To facilitate the collection of evidence fairly and efficiently, especially when witnesses cannot personally come to court.
Legal Backing:
The process and guidelines for issuing commissions and conducting such examinations are laid down in the CrPC, and sometimes detailed rules may be provided by the High Courts or procedural rules.
Why is Section 446 Important?
It ensures that absence of a witness from the court’s jurisdiction does not prevent the collection of vital evidence.
Helps in speedy justice by avoiding delays in waiting for witnesses to appear physically.
Ensures fairness in the trial by allowing proper examination of witnesses who otherwise cannot attend.
Example:
Suppose a witness lives in a different state and is unable to travel to the court for health reasons. The court can appoint a Commissioner in that state to record the witness’s testimony through a commission. This recorded testimony can then be used as evidence during the trial.
Summary Table:
| Aspect | Details |
|---|---|
| Power Given To Court | To issue commission for examination of witnesses |
| Purpose | To record evidence when witnesses cannot attend court |
| Scope | Examination of witnesses, production of documents |
| Who Conducts Examination | Commissioner appointed by the court |
| Benefit | Facilitates collection of evidence and speedy trial |
RELATED Blog
0 comments