506. Power of 1* *Magistrate to apply for issue of commission, Whenever, in the course of
an inquiry or a trial or any other proceeding under this Code before any Magistrate 2* * * it
appears that a commission ought to be issued for the examination of a witness whose evidence 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, under the circumstances of the case,
would be unreasonable, 3[such Magistrate] 2* * *, shall apply to the Sessions Judge, stating the
reasons for the application ; 3[and the Sessions Judge] 2* * * may either issue a commission in the
manner hereinbefore provided or reject the application.
507. Return of commission._(1) After any commission issued under section 503 or section
506 has been duly executed, 2* * * it shall be returned, together with the deposition of the witness
examined there under, to the Court out of which it issued ; and the commission, the return thereto
and the deposition shall be open at all reasonable times to inspection of the parties, and may,
subject to all just exceptions, be read in evidence in the case by either party, and shall form part of
the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the
Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before
another Court.
508. Adjournment of inquiry or trial. In every case in which a commission is issued under
section 503 or section 506, the inquiry, trial or other proceeding may be adjourned for a specified
time reasonably sufficient for the execution and return of the commission.
5[508A. Application of this Chapter to commissions issued in Burma. The provisions of
subsection (3) of section 503,6* * * and so much of sections 505 and 507 as relate to the
execution of a commission and its return by the Magistrate or officer to whom the commission is
directed shall apply in respect of commissions issued 7[by any Court or Judge having authority in
this behalf in the United Kingdom or in any other country of the Commonwealth 8* * * or in the
Union of Burma 9[or any other country in which reciprocal arrangement in this behalf exists] under
the law in force in that country] relating to commissions for the examination of witnesses, as they
apply to commissions issued under section 503 or section 506.]
1 The words “Provincial Subordinate” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
2 Subs. by Ord. 12 of 1972, S.2 and Sch.
3 Omitted by Ord. 37 of 2001, S.69(w.e.f 1482001) .
4 The words “or, in a case to which clause (b) of subsection (4) of section 503 applies, has been again received by the officer by whom it was forwarded to the State Court” which were ins. by Act
27 of 1943 have been omitted by Act 14 of 1950, s.4.
5 Section 508A ins. by the Code of Criminal Procedure (Amendement) Act, 1940 (35 of 1940), s.3.
6 The words, parentheses and figures “subsections (1) and (1A) of section 504” rep. by the Federal Laws (Revsion and Declaration) Act, 1951 (26 of 1951), s.3 and Sch. II.
7 Subs. by the code of Criminal Procedure (Amendement) Act, 1950 (14 of 1950), s.5, for “by a Magistrate or Court in Burma under the law in force in Burma.
8 The words “other than Pakistan” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
9 Ins. by the civil and Criminal Procedure Codes (Amendement) Ordinance, 1962 (67 of 1962) s.2.
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