Section 136 of The Navy Act, 1957
- (1)Where a commission is issued under the provisions of section 135, the prosecutor and the accused may respectively forward any interrogatories in writing which the trial judge advocate may think relevant to, the issue and the magistrate or authority to whom the commission is directed or to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories.
- (2)The prosecutor and the accused may appear before such magistrate or authority by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine arid reexamine, as the case may be, the said witness.
- (3)After a commission issued under section 135 has been duly executed, it shall be returned together with the deposition of the witness examined thereunder to the Judge Advocate General of the Navy who issued the commission.
- (4)On receipt of the commission and the deposition returned under sub-section (3), the Judge Advocate General of the Navy shall forward the same to the trial judge advocate at whose instance the commission was issued.
- (5)The commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused and may subject to all just exceptions be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the trial.
- (6)Any deposition so taken shall be received in evidence at any subsequent stage of the trial whether before the same court or, if the said court is dissolved meanwhile, before another court convened for the trial of the accused in respect of the same charges.
Summary
- This provision sets the rules for how the prosecution and defence can question a witness when a commission is used.
- Both sides can send written questions called interrogatories for the magistrate to ask the witness.
- The prosecutor and the accused can also appear before the magistrate either in person or through a lawyer to examine and cross-examine the witness.
- Once the evidence is recorded, the magistrate returns the document to the Judge Advocate General of the Navy who sends it back to the trial judge advocate.
- The recorded deposition becomes part of the trial proceedings and can be used as evidence even if the court is dissolved and a new court is convened.
Practical examples
FAQ
1. How can the accused question a witness examined by commission under Section 136 of The Navy Act, 1957?
Under Section 136 of The Navy Act, 1957, the accused can forward written interrogatories, or appear before the magistrate in person or through counsel to cross-examine the witness, unless the accused is currently in custody.
2. What happens to the recorded testimony after the commission is finished under Section 136 of the naval law?
Under Section 136 of the naval law, the magistrate returns the deposition to the Judge Advocate General of the Navy, who then forwards it to the trial judge advocate.
3. Can a deposition from a commission be used if a new court-martial is formed under Section 136 of the Navy Act?
Yes, Section 136 of the Navy Act allows the deposition to be received in evidence before another court convened for the same charges if the original court is dissolved.
Test yourself
Q1.Under Section 136 of The Navy Act, 1957, what must the magistrate do with the deposition once the commission is executed?
Q2.How does Section 136 of the naval law restrict an accused person from appearing in person before the magistrate during a commission?
Q3.Under Section 136 of the Navy Act, what happens to a deposition if the original court-martial is dissolved before the trial concludes?
Q4.Which of the following is a method permitted by Section 136 of The Navy Act, 1957 for questioning a witness during a commission authorized under Section 135?