Code of Criminal Procedure Act, 1973
285.Commission to whom to be issued.-
(1) If the witness is within the territories
to which this Code extends, the commission shall be directed to the Chief
Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be,
within whose local jurisdiction the witness is to be found.
(2) If the witness is in India , but in a State or an
area to which this Code does not extend, the commission shall be directed to
such Court or officer as the Central Government may, by notification, specify
in this behalf.
(3) If the witness is in a country or place outside India and arrangements have
been made by the Central Government with the Government of such country or
place for taking the evidence of witnesses in relation to criminal matters, the
commission shall be issued in such form, directed to such Court or officer, and
sent to such authority for transmission, as the Central Government may, by
notification, prescribe in this behalf.