Report No. 25

8. Evidence on commission or in camera.-

A suggestion has been made that in order to meet the difficulty experienced,1 the evidence of the officers concerned may be taken on commission or in camera. The law can be amended so as to provide that the evidence of the officers in question shall invariably be taken on commission. This will prevent the officers from being summoned in Court. It is, however, not desirable to make a mandatory provision in the law that the evidence of a witness in a criminal case upon which may depend the entire case of the prosecution shall be taken on commission.2

The law can also provide that the evidence of such officers may be taken in camera. This will, however, mean that the officer concerned will be liable to be summoned as a witness in court. In our opinion, the taking of evidence on commission or in camera of the officer concerned will not achieve the objectives3 in view.

1. Paras. 1 and 6, supra.

2. Cf cases in App III.

3. Paras. 1 and 7(c), supra.