114Examination of witness on commission
(1) The prosecutor and the accused person in any case in which a commission is issued under section 113 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Chief Judicial Magistrate or the Judicial Magistrate of the first class executing the commission shall examine the witness upon such interrogatories.
(2) The prosecutor and the accused person may appear before such Chief Judicial Magistrate or the Judicial Magistrate of the first class by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.
(3) After a commission issued under section 113 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Chief Law Officer.
(4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor or the accused, person and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.
(5) In every case in which a commission is issued under section 113, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.
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- 104 Presiding officer
- 105 Law Officer
- 106 Challenges
- 107 Oath of member, Law Officer and witness
- 108 Voting by members
- 109 General rule as to evidence
- 110 Judicial notice
- 111 Summoning of witness
- 112 Documents exempted from production
- 113 Commission for examination of witness
- 114 Examination of witness on commission
- 115 Conviction of offences not charged
- 116 Presumption as to signatures
- 117 Enrolment paper
- 118 Presumption as to certain documents
- 119 Reference by accused to Government officer
- 120 Evidence of previous convictions and general character
- 121 Lunacy of accused
- 122 Subsequent fitness of lunatic accused for trial
- 123 Transmission to Central Government of orders under section 122
- 124 Release of lunatic accused
- 125 Delivery of lunatic accused to relatives
- 126 Order for custody and disposal of property pending trial
- 127 Order of disposal of property regarding which offences is committed
- 128 Powers of Assam Rifles Court in relation to proceedings under this Act