Print View

[Section Index]

The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XL

OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

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 1[ 2[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, 3[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; 4[and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate] may either issue a commission in the manner hereinbefore provided or reject the application.

  • 1
    The words "Metropolitan Magistrate or" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 2
    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).
  • 3
    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).
  • 4
    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).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs