Central · Act 35 of 1992

Section 103 — Commissions for examination of witnesses.

The Indo-Tibetan Border Police Force Act, 1992

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(1) Whenever, in the course of a trial by a Force Court, 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 Attorney-General in order that a commission to take the evidence of such witness may be issued.

(2) The Judge Attorney-General may then, if he thinks necessary, issue a commission to 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.

(3) The Magistrate to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate, or Chief Judicial Magistrate, or such Metropolitan Magistrate, or Judicial Magistrate, as he appoints in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of 1974).

(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 Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974).

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Next · Section 104Examination of a witness on commission. →All sections / सभी धाराएँThe Indo-Tibetan Border Police Force Act, 1992 →
More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Persons subject to this Act.Section 4 · Constitution of the Force.Section 5 · Control, direction, etc.Section 6 · Enrolment.Section 7 · Liability for service outside India.Section 8 · Resignation and withdrawal from the post.
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India Code, Government of India. Text fetched 24 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.

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