Bharatiya Nagarik Suraksha Sanhita, 2023
Section 306
Power to issue commission for examination of witness in prison
The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person. A.—Mode of taking and recording evidence
Why this exists
Physically transporting a prisoner to court carries security risks and logistical costs. This provision confirms that, as an alternative, courts can use the existing 'commission' mechanism, sending an appointed person to record the prisoner's testimony at the prison, applying the same procedural safeguards used for taking any other witness's evidence on commission.