COMMISSIONSCentral

Section 78 of The Code of Civil Procedure, 1908

Commissions issued by foreign Courts.

1[78. Commissions issued by foreign Courts.-- Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of

(a)Courts situate in any part of India to which the provisions of this Code do not extend; or
(b)Courts established or continued by the authority of the Central Government outside India; or
(c)Courts of any State or country outside India.]

Summary

This section allows Indian courts to help execute "commissions" sent by foreign courts.
It applies to courts in parts of India where this specific Code of 1908 does not currently apply.
It also covers courts set up by the Indian Central Government in locations outside of India.
Most importantly, it applies to the courts of any other State or country outside of India.
The rules for how these commissions are handled and returned are the same as those for local commissions.

Practical examples

1A court in France needs a statement from a witness living in Bangalore. Under Section 78 of the Civil Procedure Code, the French court sends a commission, and the Indian court executes it as if it were its own.

2There is a legal case in a tribal area of India that doesn't use the standard 1908 Code. That local court sends a request to a city court in Delhi under Section 78 to interview a local bank manager.

FAQ

1. Does Section 78 of the Code of Civil Procedure, 1908, allow Indian courts to help foreign tribunals?

Yes, Section 78 of the Code of Civil Procedure, 1908, says that provisions for witness commissions apply to requests issued by courts of any State or country outside India.

2. Which courts can send a commission to India under Section 78 of the Code of Civil Procedure?

Under Section 78 of the Code of Civil Procedure, 1908, commissions can be sent by courts in non-Code parts of India, Central Government courts abroad, and foreign country courts.

3. Are foreign witness requests handled differently than domestic ones under Section 78 of the Code of Civil Procedure?

No, Section 78 of the Code of Civil Procedure, 1908, states that the same provisions for the "execution and return of commissions" apply to these foreign requests as they do for local ones.

Test yourself

1.Under Section 78 of the Code of Civil Procedure, 1908, to which activity do the rules for commissions apply when requested by a foreign court?

2.Section 78 of the Code of Civil Procedure, 1908, applies to commissions issued by which of the following?

3.Under Section 78 of the Code of Civil Procedure, 1908, what is the status of commissions coming from parts of India where the Code does not extend?

4.Comparing Section 77 and Section 78 of the Code of Civil Procedure, 1908, what is the main difference?

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