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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XL

OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

When attendance of witness may be dispensed with Issue of commission and procedure thereunder
503.(1) Whenever in the course of an inquiry, a trial or any other proceeding under this Code, it appears to 1[a Metropolitan Magistrate], 2[a Chief Judicial Magistrate], a Court of Session or the High Court Division that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate or Court may dispense with such attendance and may issue a commission to any District Magistrate, 3[Chief Metropolitan Magistrate or Chief Judicial Magistrate], within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.
 
 
(2) and (2A) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
 
 
(2B) When the witness resides in the United Kingdom or any other country of the Commonwealth other than Bangladesh, or in the Union of Burma, or any other country in which reciprocal arrangement in this behalf exists, the commission may be issued to such Court or Judge having authority in this behalf in that country as may be specified by the Government by notification in the official Gazette.
 
 
(3) The Magistrate or officer to whom the commission is issued, or if he is the 4[Chief Metropolitan Magistrate or the Chief Judicial Magistrate], he, or 5[any other Magistrate] as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.
 
 
(4) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Commission in case of witness being within 6[a] Metropolitan Area

7[504.(1) If the witness is within the local limits of the jurisdiction of any Metropolitan Magistrate, the Magistrate or Court issuing the commission may direct the same to such Metropolitan Magistrate, who thereupon may compel the attendance of, and examine, such witness as if he were a witness in a case pending before himself.

 
 
 
 

(2) When a commission is issued under this section to the Chief Metropolitan Magistrate, he may delegate his powers and duties under the commission to any Metropolitan Magistrate subordinate to him.]

Parties may examine witnesses
505.(1) The parties to any proceeding under this Code in which a commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the Officer to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories.
 
 
 
 
(2) Any such party may appear before such Magistrate 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.
Power of Subordinate Magistrate to apply for issue of commission
506. Whenever, in the course of an inquiry or a trial or any other proceeding under this Code before any Magistrate other than a 8[ 9[Chief Metropolitan Magistrate or Chief Judicial Magistrate], it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, 10[such Magistrate shall apply to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, to whom he is subordinate], stating the reasons for the application; 11[and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate] may either issue a commission in the manner hereinbefore provided or reject the application.
Return of commission
507.(1) After any commission issued under section 503 or section 506 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court out of which it issued; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
 
 
 
 
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.
Adjournment of inquiry or trial
508. In every case in which a commission is issued under section 503 or section 506, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
Application of this Chapter to Commissions issued in Burma
12[508A. The provisions of sub-section (3) of section 503, 13[section 504] and so much of sections 505 and 507 as relates to the execution of a commission and its return by the Magistrate or officer to whom the commission is directed shall apply in respect of commissions issued by any Court or Judge having authority in this behalf in the United Kingdom or in any other country of the commonwealth other than Bangladesh or in the Union of Burma or any other country in which reciprocal arrangement in this behalf exists under the law in force in that country relating to commissions for the examination of witnesses, as they apply to commissions issued under section 503 or section 506.]
 
 

  • 1
    The letter and words "a Metropolitan Magistrate" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 2
    The words “a Chief Judicial Magistrate” were substituted for the words “a District Magistrate” by section 88(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words “Chief Metropolitan Magistrate or Chief Judicial Magistrate” were substituted for the words “or Magistrate of the first class” by section 88(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 4
    The words “Chief Metropolitan Magistrate or the Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 88(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (wit h effect from 1st November, 2007).
  • 5
    The words “any other Magistrate” were substituted for the words and comma “such Magistrate, of the first class” by section 88(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 6
    The letter "a" was substituted, for the word "Dacca" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No IV of 1980)
  • 7
    Section 504 was inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 8
    The words "Metropolitan Magistrate or" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 9
    The words “Chief Metropolitan Magistrate or Chief Judicial Magistrate” were substituted for the words “Metropolitan Magistrate or District Magistrate” by section 89(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 10
    The words and comma “such Magistrate shall apply to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, to whom he is subordinate” were substituted for the words “such Magistrate shall apply to the District Magistrate” by section 89(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 11
    The words “and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate” were substituted for the words “and the District Magistrate” by section 89(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 12
    Section 508A was inserted by section 3 of the Code of Criminal Procedure (Amendment) Act, 1940 (Act No. XXXV of 1940)
  • 13
    The word and figure "section 504" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
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