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Criminal Procedure Code QUESTION #9532
Question 1
A Court issues a commission to an Advocate Commissioner to examine a witness who resides outside the Court's local limits. The Commissioner records the evidence but fails to serve a copy of the evidence on the opposite party before submitting the report to Court. The opposite party objects to the use of this evidence. Should the Court exclude the evidence?
  • Yes; the Court should not act on evidence recorded by a commissioner without affording the opposite party an opportunity to cross-examine and receive a copy; if this opportunity was not given, the evidence is procedurally defective and the opposite party's objection should be sustained unless the defect is cured✔️
  • Yes; only evidence recorded in open Court is admissible
  • No; commissioned evidence is always admissible regardless of procedure
  • No; a commissioner's report is binding on the Court
Correct Answer Explanation
Order XXVI CPC governs commissions. Evidence recorded by a commission must be handled so that each party has the opportunity to appear, examine, cross-examine witnesses, and receive copies of the recorded evidence. Denial of this opportunity renders the evidence procedurally defective. The Court should either cure the defect or exclude the evidence in the interests of natural justice.