Section 288 of CrPC : Section 288: Return Of Commission

Explanation using Example

Imagine a situation where a key witness in a criminal trial is residing in a different state and cannot attend the court proceedings due to severe health issues. The court, understanding the importance of the witness's testimony, issues a commission under section 284 of The Code of Criminal Procedure to have the witness's statement recorded in their home state.

Once the commission is executed and the witness's deposition is recorded, the documents are sent back to the court that issued the commission. Now, the parties involved in the trial have the right to inspect these documents. During the trial, the prosecution decides to use the deposition as evidence. The court allows it, considering the deposition meets the criteria under section 33 of the Indian Evidence Act and is relevant to the case.

Furthermore, if the case goes to a higher court for appeal or any other subsequent stage, the deposition can still be used as evidence, provided it satisfies the necessary legal conditions.