Section 135 of The Navy Act, 1957
- (1)Whenever in the course of a trial by courtmartial, it appears to the trial judge advocate that the examination of a witness is necessary for the ends of justice and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable, the trial judge advocate may dispense with such attendance and may apply to the Judge Advocate General of the Navy to issue a commission to 1[any metropolitan magistrate or judicial magistrate of the first class] within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.
- (2)The trial in such an event may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
- (3)The Judge Advocate General of the Navy on receipt of an application under sub-section (1) may, if he thinks fit, issue a commission to the 2[metropolitan magistrate or judicial magistrate of the first class or an authority exercising the powers equivalent to those of a judicial magistrate of the first class under the Code of Criminal Procedure, 1973 (2 of 1974),] for the examination of the witness.
- (4)The magistrate or authority to whom the commission is issued or 3[if he is a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, he or such metropolitan magistrate or judicial magistrate of the first class as is appointed by him in this behalf] shall proceed to such place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner and may for this purpose exercise the same powers as in trials of warrant cases under the 4[Code of Criminal Procedure, 1973 (2 of 1974)], or of any corresponding law in force at the place where the evidence is recorded.
Summary
- This provision allows the court to take witness testimony through a local magistrate when bringing the witness to the court-martial is too difficult or expensive.
- The trial judge advocate must apply to the Judge Advocate General of the Navy to issue this commission.
- The commission is sent to a metropolitan magistrate or judicial magistrate of the first class in the area where the witness lives.
- The trial can be paused for a reasonable amount of time to allow the commission to be completed and returned.
- The magistrate who receives the commission takes down the evidence using the same powers they have in warrant cases under the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. When can a witness be examined by commission under Section 135 of The Navy Act, 1957?
Under Section 135 of The Navy Act, 1957, a witness can be examined by commission if their personal attendance at the trial would cause unreasonable delay, expense or inconvenience.
2. Who issues the commission under Section 135 of the naval law?
The Judge Advocate General of the Navy issues the commission to a magistrate after receiving an application from the trial judge advocate, according to Section 135 of the naval law.
3. Can the court-martial be paused while waiting for a commission under Section 135 of the Navy Act?
Yes, under Section 135 of the Navy Act, the trial can be adjourned for a specified time that is reasonably sufficient to execute and return the commission.
Test yourself
Q1.Under Section 135 of The Navy Act, 1957, who has the authority to issue a commission for the examination of a witness?
Q2.What justifies using a commission instead of in-person testimony under Section 135 of the naval law?
Q3.Under Section 135 of The Navy Act, 1957, to whom is the commission directed to take the witness evidence?
Q4.Which law governs the powers exercised by the magistrate when taking evidence under Section 135 of the Navy Act?