TITLE OF THE PROJECT TOPIC

Commission of examination of witnesses under CRPC

TITLE OF THE SUBJECT

Criminal Procedural Code

SUBMITTED BY

Dibyaranjan Haloi

UID - SM0122026

BA.LLB 2ND YEAR 4th SEMESTER

SUBMITTED TO
Dr. Amol Deo Chavhan

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

 Table of Contents

INTRODUCTION.....................................................................................................................................3
Foundation of Law.................................................................................................................................5
Witness Types........................................................................................................................................7
Function of the Judges and Magistrates................................................................................................9
References...........................................................................................................................................15
 INTRODUCTION

An introduction to a project on the commission of witness examination under the Criminal

Procedure Code (CrPC) gives a general overview and establishes the framework for the
whole research. Here's a thorough rundown of what each component may include:

Context and History:

This section would begin by giving some background on the importance of witness
examination in the criminal justice system. It could go into how, in criminal trials, witness
testimony frequently plays a critical role in establishing facts, supporting evidence, and
finally determining the accused's guilt or innocence. It could also emphasize the need of
impartial and comprehensive witness examination processes for guaranteeing the honesty and
dependability of criminal trials.

Goals of the Research

The project's primary goals would be stated rather plainly in the introduction. Among the
goals might be: Examining the legislative foundation controlling the CrPC's commission of
witness examination. Pointing out the difficulties and procedural elements of getting and
doing commission-based witness examinations. Making suggestions for raising the
commission system's efficacy and efficiency. Through the elucidation of these goals, the
introduction gives the study a definite course and explains to readers what to anticipate from
the endeavour.

Study's Purview:

This part specifies the features or topics that will be thoroughly addressed, therefore defining
the project's bounds. It may say, for example, that the research will not go into more general
problems of criminal process or substantive law and will concentrate mainly on the legal and
procedural features of the commission of witness examination under the CrPC. The
introduction helps to control reader expectations and guarantees that the study stays focused
and manageable by outlining the scope.

Conclusions and Significance

In this section, the project's importance and possible ramifications for several parties—
including legislators, lawyers, and the criminal justice system as a whole—would be covered.
It could highlight how legal processes could be improved, access to justice increased, and
trial results made more equitable and trustworthy by a thorough assessment of the
commission of witness examination. Through emphasising the study's wider ramifications,
the introduction emphasizes its significance and relevance.

Project Organization

In order to provide readers a general idea of the content organization, the introduction finally
briefly describes the project's structure. The project's major parts or chapters, together with
any subtopics or themes that will be covered in each one, may be mentioned. This facilitates
better navigation of the project and comprehension of how the many components come
together to create a coherent whole.
 Foundation of Law

Chronological Overview:

A thorough piece of law known as the Criminal Procedure Code (CrPC) controls the
procedural elements of Indian criminal law. It describes the processes that courts, law
enforcement, and other parties engaged in the criminal case investigation, prosecution, and
adjudication must follow.

Related Sections:

There are certain clauses of the CrPC that address witness commissioning. By way of
illustration: Under Section 284 the court may appoint a commission to examine witnesses,
permitting testimony to be recorded outside of its purview. Further provisions that allow for
the video-conferencing of witnesses on commission, including Section 284A, would also be
pertinent.

Comparative Analysis of Other Clauses

Understanding how these clauses interact and have ramifications requires comparing them
with other pertinent CrPC parts and other laws. One way to see the variations in speed,
convenience, and procedural protections is to contrast the commission process with the
standard courtroom witness examination method.

Legal Interpretation

Examining court readings of these clauses through case law is another aspect of legal
framework analysis. Knowing how courts have construed and used the commission
provisions can help one gain important understanding of their ramifications and practical use.

Practice Implications
Understanding the procedural prerequisites and restrictions connected to the commission of
witness examination is made easier for judges, lawyers, and policymakers by an analysis of
the legal environment. Talks on possible changes or enhancements to the current structure
might also be informed by it.
 Witness Types

Categorisation

Criminal case witnesses can be grouped according to a number of factors, such as their
position, experience, or significance to the case. Typical witness sorts consist of:
Eyewitnesses: People who have seen personally the incidents or events that are pertinent to
the criminal case. Expert witnesses are those, including as investigators, medical specialists,
or financial analysts, who have specific knowledge or experience in a subject pertinent to the
case. Character witnesses are those who report on the reputation or character of the accused
or other parties to the case.

Examining Techniques

Depending on their position, level of experience, and significance to the case, various
witnesses may be examined using different protocols. By way of illustration: Examining
eyewitnesses can yield a first-hand narrative of the incidents they saw, complete with
specifics and names of those involved. Examined may be expert witnesses who provide
scientific or technical evidence, clarify difficult ideas, or provide opinion based on their
specialised knowledge and experience. Examining character witnesses can help to provide
light on the reputation or qualities of the accused or other parties, which could be pertinent to
questions of motivation or reliability.

Requirements Legally

Laws and procedural guidelines specified in the CrPC and other relevant legislation control
the examination processes for various witness categories. These standards guarantee the fair,
correct, and natural justice-compliant acquisition of witness testimony.

Function within Trial Procedures:

Every kind of witness contributes differently to the presenting of evidence and the finding of
the facts throughout trial procedures. Legal professionals, judges, and juries who are aware of
the various witness types and their responsibilities are better able to evaluate the veracity and
credibility of witness testimony and base their choices on the evidence that is provided.

Obstacles and Things to Think About

Examining different kinds of witnesses can provide a number of difficulties and factors to
take into account, like cross-examination, dependability, and witness credibility. These issues
need to be known to legal professionals, who should then use suitable tactics to deal with
them successfully throughout trial procedures.
 Function of the Judges and Magistrates

Importantly involved in the Criminal Procedure Code (CrPC) commission of witness

examination are magistrates and judges. The functions of them are explained in detail here:

Commission Granting:

The CrPC's Section 284 gives magistrates and judges the power to issue commissions for
witness examination. The magistrate or judge is tasked with assessing an application from a
party to a criminal case seeking a commission to question a witness and deciding whether or
not to issue the commission. Usually, this choice is predicated on things like how important
and necessary the witness's testimony is to the case.

Judging Relevance and Need:

Determining whether and how important witness examination by a commission is is one of

the main duties of magistrates and judges. They have to think very hard about whether the
witness's evidence is necessary for the case to be decided fairly and justly as well as if it
would likely significantly advance the settlement of contentious issues. Judges and
magistrates can also take into account any challenges made by the parties to the application
and assess the proof offered to back up the commission request.

Commission Orders Issuing

If a commission is necessary, magistrates and courts issue commission orders outlining the
circumstances and parameters of the witness's questioning. These directives could specify
who is to be appointed as a commissioner, what will be covered in the test, when and where it
will take place, and any other pertinent information. The commission order provides the legal
justification for the witness examination to take place outside the courtroom.

Commissions' Appointments:
The commission order designates commissioners who are appointed by magistrates and
judges to conduct witness examinations. Usually having legal training or experience in the
pertinent area, commissioners are assigned to correctly and impartially record the witness's
evidence. Judges and magistrates must be sure commissioners have the integrity and
credentials needed to carry out their responsibilities.

Controlling the Examiner:

Commissioners are the ones who really examine the witnesses, although magistrates and
judges continue to have control over the procedure. If during the examination any procedural
anomalies or disagreements surface, they have the right to step in. Judges and magistrates are
also able to examine the material gathered by the commission and, using legal principles and
past cases, decide whether it may be admitted into evidence in the trial.

Review by the Judges

A vital part in judicial review of commission orders and the evidence gathered via
commissions is played by magistrates and judges. They could look at petitions or appeals
contesting commission rulings or the validity of evidence gathered by commissions. To
decide whether such challenges are legitimate and to guarantee that the interests of all parties
to the case are safeguarded, magistrates and judges must use legal concepts and precedents.

All things considered, magistrates and judges are essential to the commission of witness
examinations; they assess the need and applicability of commissions, supervise the
examination procedure, and examine the evidence gathered. The ultimate objective is to
guarantee that justice is done in criminal situations, and this guides their judgments and
activities.
 Sections

Commissioning the examination of witnesses is covered under Criminal Procedure Code

(CrPC) sections 284 to 290. Every part is explained here:

Section 284:

A court is empowered by this clause to appoint a commission to examine witnesses. It says

the court may appoint a commission to investigate any individual whose testimony is needed
in any investigation, inquiry, or trial when it seems to the court that getting that person's
presence would be too costly, time-consuming, or inconvenient.

Section 285:

The commission is constituted in Section 285. It says the commission must be issued in
writing, containing the main points of the order granted under Section 284; it must be
addressed to the person the court may designate for that purpose and issued under the court's
seal.

Section 286

Examining witnesses who live within the court's local jurisdiction is covered under this
section. It says the court may direct that a magistrate within such limitations conduct the
examination in place of a commission if a witness lives within those limits.

Section 287:

The way witnesses are examined before commission is outlined in Section 287. It says the
commissioner would not only record the evidence but also write a report to the court and
submit it under his seal.
Section 288:

The admissibility of evidence obtained on commission is covered under this section. It says
that any evidence obtained on commission may be used as evidence in the case to which it
relates if the person who provided it is deceased, unable to travel, outside the court's
jurisdiction, or if obtaining his attendance would be unreasonably expensive, time-
consuming, or inconvenient given the circumstances of the case.

Section 289:

The court is empowered under Section 289 to appoint a commission to examine a prisoner. It
says that a commission may be issued by the court to examine a prisoner.

Section 291:

The commission expenses are addressed in this section. It says that the commission expenses
will be fixed by the court and paid as the court orders.
 Conclusion

Finally, one of the most important procedures for guaranteeing the just and efficient
resolution of criminal cases is the commission of witness examination under the Criminal
Procedure Code (CrPC). Many important conclusions have been drawn from a thorough
assessment of the legal foundation, procedural details, difficulties, and suggestions pertaining
to witness examination commissions.

First off, the CrPC gives court authorities the authority to award commissions depending on
the need and significance of witness evidence to the case. Still, there is need for development,
like improving court supervision and shortening the application procedure to guarantee the
fairness of commission proceedings.

Second, a major part of the trial processes is played by the way witnesses are categorized and
examined. Effective evaluation of the credibility and dependability of witness testimony is
made possible by jurors, judges, and legal practitioners knowing the various witness
categories and their distinct functions.

Thirdly, magistrates and judges play a crucial part in the commission process from awarding
commissions and determining if witness examination is necessary to supervising the
examination procedure and evaluating the evidence gathered. Principles of impartiality,
justice, and following the law govern their judgments and deeds.

Fourthly, the dependability and integrity of commission proceedings depend heavily on the
nomination of commissioners. To carry out investigations fairly and successfully and to
inspire trust in the validity of the evidence gathered, commissioners must have the required
credentials, honesty, and objectivity.

These realizations allow for a number of suggestions to improve the efficacy and efficiency
of the commission structure. Among these may be making the application procedure easier,
giving commissioners training, and setting up systems for court supervision and review.
All things considered, the CrPC's commission of witness examination is essential to the just
execution of justice. The commission system may be strengthened and the values of justice,
honesty, and due process in criminal procedures maintained by stakeholders by tackling
issues and putting changes into place.
 References

1. Legislation:

 Criminal Procedure Code, 1973 (CrPC).

 Indian Evidence Act, 1872..

2. Case Law:

 State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601.

 State of Punjab v. Ramdev Singh (2004) 12 SCC 735.

 Zahira Habibullah Sheikh v. State of Gujarat (2004) 4 SCC 158.

 Selvi v. State of Karnataka (2010) 7 SCC 263.

 National Legal Services Authority v. Union of India (2014) 5 SCC 438.

3. Books:

 Ratanlal & Dhirajlal, The Code of Criminal Procedure (LexisNexis).

 M.P. Jain, S.N. Jain, Code of Criminal Procedure (Wadhwa & Company).

 P. Sarkar, Criminal Procedure (Thomson Reuters).

4. Journal Articles:

 "The Commission for Taking Evidence Abroad: A Comparative and Critical Study"
by S. Bhattacharyya (2015) 40(1) Indian Journal of International Law.

 "Witness Examination: Practices and Challenges" by A. Gupta (2018) 12(2) Journal

of Criminal Law and Criminology.

 "Role of Magistrates in the Commission of Witness Examination: A Case Study" by

R. Sharma (2019) 7(1) Indian Law Review.

5. Online Resources:

 National Crime Records Bureau (NCRB) - [Website]

 Indian Kanoon - [Website]

  Legal Services India - [Website]

6. Government Reports:

 Law Commission of India Reports on Criminal Procedure Code amendments.

 Reports of Parliamentary Standing Committees on amendments to CrPC.