Section 76 of The Code of Civil Procedure, 1908
Commission to another Court.
- (1)A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides.
- (2)Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.
Summary
- This section explains how to interview a witness who lives in a different State within India.
- A court can send a formal request, called a commission, to a court in the State where the witness lives.
- The court receiving this request cannot be a High Court.
- The receiving court must have jurisdiction in the area where the witness actually resides.
- Once the witness is examined, the commission and the recorded evidence must be sent back to the original court.
Practical examples
FAQ
1. Can a Delhi court send a witness commission to the Bombay High Court under Section 76 of the Code of Civil Procedure?
No, Section 76 of the Code of Civil Procedure, 1908, explicitly states that a commission for the examination of a person may be issued to any court "not being a High Court."
2. What must a court do when it receives a commission under Section 76 of the Code of Civil Procedure, 1908?
Under Section 76 of the Code of Civil Procedure, 1908, the receiving court must examine the person or cause them to be examined and then return the evidence to the court that issued the request.
3. Does the witness have to travel to the original court under Section 76 of the Code of Civil Procedure?
No, the purpose of Section 76 of the Code of Civil Procedure, 1908, is to allow the witness to be examined in the area where they reside by a local court.
Test yourself
1.Under Section 76 of the Code of Civil Procedure, 1908, to which of the following courts can a commission for examining a witness NOT be issued?
2.When a court receives a commission under Section 76 of the Code of Civil Procedure, 1908, what is its primary duty?
3.Under Section 76 of the Code of Civil Procedure, 1908, where must the receiving court have jurisdiction?
4.How does Section 76 of the Code of Civil Procedure, 1908, differ from the general power in Section 75?