- Power to issue commission for examination of witness in prison is provided in section 271 of Crpc.
- Chapter 23 (Sec 272-299) of Crpc, deal with the evidence in inquiries and trials.
- The language of a court is to be determined by that states’ High court. (Sec 272)
- Section 273 Crpc prescribes that all evidence taken in the course of the trial or other proceedings shall be taken in the presence of the accused or in the presence of his pleader.
- In summons case, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the language of the court. (Sec 274)
- In warrants case, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open court. (Sec 275)
- The evidence taken down in summons case, warrants case and before Court of Sessions be signed by the Magistrate and shall form part of the record.
- Record in trial before Court of Sessions is provided under section 276.
- Evidence in warrants case and before Court of Sessions, translation of record of evidence given by witness if not in language of the court, has to be translated. (Sec 277)
- When the evidence of a witness taken under section 275 or 276 is completed, it shall be read over to him in presence of accused. (Sec 278)
- Whenever the evidence given by accused is not in the language understood by accused, it shall be interpreted to him in open court in a language understood by him. (Sec 279)
- Section 280 of Crpc provides for recording remarks respecting demeanor of evidence witness.
- State government has the power to determine in the language of a subordinate court.
- Section 281 provides that whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of such examination, which shall be signed by the Magistrate.
- If the examination is conducted by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination shall be recorded in full by such Magistrate or Judge. (Sec 282(2))
- Section 282 prescribes that an interpreter is bound to interpret truthfully.
- Every High Court may prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it. (Sec 283)
- Section 284 provides that when in the course of inquiry, trial or other proceeding, it appears to a Court that the examination of a witness is necessary for the ends of justice, and the attendance of such witness can’t be procured without an amount of delay, expense or other inconvenience which the court considers unreasonable, it may issue commission for the examination of the witness.
- Section 284 provides for issuing commission for the examination of the president or the Vice President it India as a witness.
- Commissions shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, within whose local jurisdiction the witness is to be found. (Sec 285)
- Upon receipt of the commission, the CJM or CMM, or such Magistrate or Judicial Magistrate as appointed, shall summon the Witness before him or proceed to the place where the witness is and shall take down his evidence in the same manner as in trials of Warrant case. (Sec 286)
