Cr.P.C Section 503

When attendance of witness may be dispensed with._

(1) Whenever, in the course of an inquiry, a trial or any other proceeding under this Code, it appears to [* * *], 2[* * *] a Court of Session or the High Court that the examination of a witness is necessary for the ends of Justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such [* *] Court may dispense with such attendance and may issue a commission to any [* * *] Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(2) [* * * * * * *]

(2A) When the witness resides in an area in or in relation to which the President has extraprovincial jurisdiction within the meaning of the ExtraProvincial Jurisdiction Order, 1949 (G.G.O. No. 5 of 1949) the commission may be issued to such Court or officer in the area as may be recognised by the President by notification in the official Gazette has a Court or officer to which or to whom commissions may be issued under this subsection and within the local limits of whose jurisdiction the witness resides.]

(2B) When the witness resides in the United Kingdom or any other country of the Commonwealth [* * *] or in the Union of Burma, [or any other country in which reciprocal arrangement in this behalf exists,] the commission may be issued to such Court or Judge having authority in this behalf in that country as may be specified by the 8[Federal Government] by 9notification in the official Gazette.]

(3) The Magistrate or officer to whom the commission is issued, [* * *] [* * *] shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of 3[cases] under this Code.

(4) Where the commission is issued to such officer as is mentioned in subsection (2A), he may, in lieu of proceeding in the manner provided in subsection (3), delegate his powers and duties under the commission to any officer subordinate to him whose powers are not less than those of a Magistrate of the first class in Pakistan.]