Central · Act 46 of 1950

Section 138 — Examination of a witness on commission.

The Army Act, 1950

Read in your languageअपनी भाषा में पढ़ें · Official source versions

Mapped language choices keep this section. Other choices are labelled ‘Complete act’ until section mappings are verified.

Additional official language versions have not been imported for this act yet.

Only available official source versions are shown. Language labels come from source metadata or filenames.

STATUTORY TEXT
Find in this text
(1) The prosecutors and the accused person in any case in which a commission is issued under section 137 may respectively forward any interrogatories in writing which the Court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories.

(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.

(3) After a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General.

(4) On receipt of a commission and deposition returned under sub-section (3), the Judge Advocate General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, 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 Court.

(5) In every case in which a commission is issued under section 137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

आगे पढ़ें / Continue reading

Explore the next section or browse this act in the selected language.

Next · Section 139Conviction of offence not charged. →All sections / सभी धाराएँThe Army Act, 1950 →
More sections of this actSection 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.
Source and version

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.

Share this section

Section 138 — Examination of a witness on commission. | The Army Act, 1950 | NYAYA SIGNAL

Share the card with this clickable reading link. पढ़ें और अगली धारा देखें।

NYAYA SIGNAL · Free access · Official source references

· Saves and reading positions stay on this device.