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Section 4 – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952

 

 

4. Powers of Commission-

 

The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely –

 

1(a)Summoning and enforcing the attendance of any person from any part of India and examining him on oath.

 

(b) Requiring the discovery and production of any document.

 

(c) Receiving evidence on affidavits

 

(d) Requisitioning any public record or copy thereof form any court or office

 

(e) Issuing commissions for the examination of witnesses or documents

 

(f) Any other matter which may be prescribed.

 

COMMENTS

 

(i) The ambit of this section is too wide to be circumscribed by fetters of stage and its available to and exercisable by the Commission in calling any person concerned including those governed by section 8-B of this Act as witness irrespective of stage of inquiry, Smt. Kiran Bedi and Jinder Singh v. Committee of Inquiry, AIR 1989 SC714.

 

(ii) As the Commission was not supposed to undertake any elaborate in inquiry, criticism of Commission for not having made thorough investigation due to scarcity or paucity of staff cannot be sustained in view of powers of Commission under this section, V. Narayana Rao v. State of A.P. (FB), AIR 1987 ap 53.

 

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1. Subs. by Act 79 of 1971, sec. 6, for “summoning and enforcing the attendance of any person” (w.e.f. 30-12-1971).

 

 

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The Commissions of Inquiry Act, 1952

 

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