Commission for Examination of Witnesses

Examination of Witnesses Through Commission: (Sections 206–209 of Criminal Procedure Act [Cap. 20 R.E. 2022])

In the pursuit of justice, courts often face situations where key witnesses are unable to attend court due to distance, expense, or other serious inconveniences. To address this challenge, sections 206 to 209 of CPA provide a practical solution through the issuance of commissions for the examination of witnesses. This mechanism is particularly relevant in proceedings where timely and cost-effective evidence collection is essential.

What is a Commission for Examination of Witnesses?

A commission is a legal directive issued by a court to a magistrate in another jurisdiction, instructing them to record the evidence of a specific witness who cannot appear before the court in person. According to section 206(1), such a commission may be issued by the High Court or a district magistrate when it is satisfied that a witness’s attendance would cause unreasonable delay, expense, or inconvenience.

How the Commission Works

Once the commission is issued, the magistrate in the witness’s area is empowered under section 206(2) to summon the witness and take their testimony as though the matter were being heard in a regular trial. The magistrate is granted the same powers as in a trial, ensuring the credibility and procedural integrity of the evidence taken.

Role of the Parties (Section 207)

Fairness is maintained through section 207, which allows both parties involved in the case to be part of the commission process. The court that issues the commission will notify the parties that they can submit interrogatories (questions in writing), which the delegated magistrate will use to examine the witness.

In addition, the law allows the parties to appear in person or be represented by an advocate during the examination. This ensures that they can examine, cross-examine, or re-examine the witness safeguarding their right to a fair trial and balanced procedure.

Return and Use of the Commission (Section 208)

After the commission is executed, section 208(1) requires the magistrate to return the completed commission along with the witness’s deposition to the issuing court. This deposition is then made available to the parties for inspection and may be read into evidence, subject to standard evidentiary rules.

Furthermore, under section 208(2), if the deposition meets the criteria outlined in section 132 of the Evidence Act, it may also be accepted as evidence in later proceedings or by another court, thereby preserving judicial efficiency and consistency.

Adjournment of Proceedings (Section 209)

To accommodate the time required for the commission’s execution, section 209 permits the court to adjourn the case for a reasonable and specified time. This ensures that the process of taking and returning witness evidence via commission does not disrupt the flow of justice.

Conclusion

Sections 206 to 209 reflect a forward-thinking approach in law, allowing courts to overcome logistical hurdles without compromising the integrity of proceedings. By providing a structured and fair process for examining witnesses who cannot be present, the law ensures both access to justice and procedural efficiency. Legal practitioners, especially those handling cases involving distant or unavailable witnesses, should be well-versed with this mechanism to better serve their clients and uphold the rule of law.