Section 6: Examination of witnesses on commission

6. Examination of witnesses on commission.___(1) If in relation to any criminal matter pending before a Court in 1* * * India against any transferable prisoner who has been transferred to 1[that country] under this Part, a letter of request issued by such Court is produced before the District Magistrate of any district in Pakistan for the examination of any witness residing in such district, the District Magistrate shall issue a commission for the purpose to any Magistrate subordinate to him. (2) Such Magistrate shall summon and examine the witness in the presence of a duly authorised police or law officer of 1[Pakistan or] the concerned Provincial Government and so far as may be possible, an agent of the accused or of 1* * * India or of the Government of the concerned Province of 1[that country], and in respect of such examination, the Magistrate shall exercise all 2[the powers for the examination of witnesses under law Code of Criminal Procedure, 1908 (Act V of 1908)]. (3) When the commission has been duly executed, it shall be returned, together with the evidence taken under it to the District Magistrate, and the District Magistrate shall then transmit the papers so received along with the letter of request, to the issuing Court, through such channel as may be prescribed. 1Omitted and subs. by A.O. 1961 (with effect from the 23rd March, 1956). 2Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and Sch. II. PART III OF THE REPATRIATION OF PRISONERS

Effective date: 1948-01-01

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