[(2A) When the witness resides in an area in or in relation to which the President has extraprovincial
jurisdiction within the meaning of the ExtraProvincial Jurisdiction Order, 1949 (G.G.O. No 5 of 1949) the
commission may be issued to such Court or officer in the area as may be recognised by the President by
notification in the official Gazette has a Court or officer to which or to whom commissions may be issued
under this subsection and within the local limits of whose jurisdiction the witness resides.];
1
(2B) When the witness resides in the United Kingdom or any other country of the Commonwealth 2* *
*or in the Union of Burma, 3[or any other country in which reciprocal arrangement in this behalf exists,] the
commission may be issued to such Court or Judge having authority in this behalf in that country as may be
specified by the 4[Federal Government] by 5notification in the Official Gazette.]
(3) The Magistrate or officer to whom the commission is issued, 6* * * 7* * *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 8[cases] under this code.
[(4) Where the commission is issued to such officer as is mentioned in subsection (2A), he may, in lieu
of proceeding in the manner provided in subsection (3), delegate his powers and duties under the
commission to any officer subordinate to him whose powers are not less than those of a Magistrate of the
first class in Pakistan.].
9
504. [Commission in case of witness being within Presidency town] Omitted byA,O.,1949, Schedule.
505. Parties may examine witnesses.10[(1) The parties to any proceeding under this Code in which a
commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court
directing the commission may think relevant to the issue and when the commission is directed to a
Magistrate or officer mentioned in section 503, such Magistrate or the officer to whom the duty executing
such commission has been delegated shall! examine the witness upon such interrogations.]
(2) Any such party may appear before such Magistrate or 11[officer] by pleader, or if not in custody, in
person, and may examine, crossexamine and reexamine (as the case may be) the said witness.
1 Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s.3 and Second Sch., for subsection (2A), which had been amended by A.O., 1961, Art.2 and F.A.O., 1975, Art. 2
and Table.
2 The words “her than Pakistan”omitted by the Law Rerforms Ordinance, 1972 (12 of 1972), s.2 and Sch. For enforcement of this amendement in the Provinces.
3 Ins. by the Civil and Criminal Procedrue Codes (Amdt.) Ordinance, 1962 (67 of 1962), s.2.
4 Subs. by F.A.O., 1975 , Art. 2 and Table, for “Central Government”.
5 For instances of notifications see Gaz of P., 1960, Ext., pp 461462, ibid., 1963, Pt.Ip.20.
6 The words “or if he is the District Magistrate, he," omitted by Ordinance 27 of 1981, s.3 and Second Sch.
7 The words and commas “or such Magistrate, of the First class as he appoints in this behalf,”omitted by Odinance, 12 of 1972, s.2 and Sch.
8 Subs ibid., for “warrant cases”.
9 Subsection (4) as amended by Act 14 of 1950., s.2, for the original subsectin (4) and Ordinance 21 of 1960, s.3 and 2nd Sch. has been subs. by Ordinance 27 of 1981, s.3 and Second Sch., to read
as above.
10 Subsection (1) of section 504 has been successively amended by the Code of Criminal Procedure (Amendment) Act, 1923 (18 of 1923) , s. 136, the Code of Criminal Procedure (Amendment) Act,
1943 (27 of 1943), s. 3 and the Code of Criminal Procedure (Amendment) Act, 1950 (14 of 1950), s. 3, to read as above.
11 The original word “Officer” has been successively amended by Act 27 of 1943 and Act 14 of 1950, to read as above.
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506. Power of 1* *Magistrate to apply for issue of commission, Whenever, in the course of