(1) Whenever, in the course of a trial by courtmartial, it appears to the Court 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, in the circumstances of the case, would be unreasonable, such Court may address the Judge Advocate General in order that a commission to take the evidence of such witness may be issued.
(2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.
(3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the 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 1[code of Criminal Procedure, 1973 (2 of 1974)], or any corresponding law in force in 2[the State of Jammu and Kashmir*.]
(4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in 1[Chapter XXII of the Code of Criminal Procedure, 1973 (2 of 1974)], or of any corresponding law in force in 2[the State of Jammu and Kashmir*.]
(5) In this and the next succeeding section, the expression "Judge Advocate General" includes a Deputy Judge Advocate General.
(2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.
(3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the 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 1[code of Criminal Procedure, 1973 (2 of 1974)], or any corresponding law in force in 2[the State of Jammu and Kashmir*.]
(4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in 1[Chapter XXII of the Code of Criminal Procedure, 1973 (2 of 1974)], or of any corresponding law in force in 2[the State of Jammu and Kashmir*.]
(5) In this and the next succeeding section, the expression "Judge Advocate General" includes a Deputy Judge Advocate General.
Source footnotes
1. Subs. by Act 37 of 1992, s.14, for certain words.2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "a Part B State".
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
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More sections of this act
Section 1 · Short title and commencement.Section 2 · Persons subject to this Act.Section 3 · Definitions.Section 4 · Application of Act to certain forces under Central Government.Section 5 · [Omitted.].Section 6 · Special provision as to rank in certain cases.Section 7 · Commanding officer of persons subject to military law under clause (i) of section 2.Section 8 · Officers exercising powers in certain cases.India Code, Government of India. Text fetched 15 Oct 2026. Source metadata reports last modification: 2025-11-07. Check the linked official text and subsequent notifications when applying a provision.