Section Text
(1) Whenever, in the course of atrial by court-martial, it appears to (he court that the examinationof a witness is necessary for the ends of justice, and that the attendance ofsuch witness cannot be procured without an amount of delay, expense orinconvenience which, in the circumstances of the case, would be unreasonable,such court may address the Judge-Advocate General in order thata commission to take the evidence of such witness may be issued.
(2) TheJudge-Advocate General may then, if he thinks necessary, issue a commission toany district magistrate or magistrate of the first class, within the locallimits of whose jurisdiction such witness resides, to take the evidence of suchwitness.
(3) Themagistrate or officer to whom the commission is issued, or, if he is thedistrict magistrate, he or such magistrate of the first class as he appoints inthis behalf, shall proceed to the place where the witness is or shallsummon the witness before him and shall takedown his evidence in the same manner, and may for thispurpose exercise the same powers, as in trials of warrant-cases under the 1 [Codeof Criminal Procedure, 1973(2 of 1974)), orany corresponding law in force in 2 [the State of Jammu and Kashmiri.
(4) When thewitness resides in a tribal area or in any place outside India, the commissionmay be issued in the manner specified in 3 [Chapter XXII of the Code ofCriminal Procedure, 1973 (2 of 1974)], orof any corresponding law in force in 2 [the State of Jammu and Kashmir].
(5) In thisand the next succeeding section, the expression "Judge-AdvocateGeneral" includes a Deputy Judge-Advocate General.
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1.Substituted by Act 37 of 1992. sec. 13, for"Code of Criminal Procedure. 1898 (5 of 1898)"(w.e.f. 6-9-1992).
2.Substituted by the Adaptation of Laws(No. 3) Order, 1956,for "a Part 13 State".
3.Substituted by Act 37 of 1992,sec. 13. for "Chapter XL of theCode of Criminal Procedure, 1898 (5 of 1898)."(w.e.f 6-9-1992).