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Report No. 84

V. Examination on Commission

5.16. Examination on commission.-

A suggestion was made by some of the representatives of women's organisations (during our oral discussions with them) that women should be examined on commission and should not be made to come to Court (in criminal cases). We have carefully considered the matter, but we do not consider any such statutory provision to be practicable. In important cases, so many persons (and not merely the Judge) have to take part in the trial. Moreover, the accused may have to be identified, or the property in dispute may have to be shown to the witness. All these arrangements cannot, in many cases, be made when the examination is on commission.

5.17. The issue of a commission is generally a time-consuming process. Save in exceptional cases of hardship and the like, the procedure of examination on commission may, if made mandatory by law, be productive of injustice in most cases. If the object is to save embarrassment, that object would amply be secured by holding the trial in camera, as recommended by us.1

We are not, therefore, in a position to accept the suggestion.

1. See para. 5.7, supra.

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