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Protection of Human Rights Act, 1993 13.Powers relating to inquiries.- (1) The Commission shall, while inquiring, into complaints under this act, have all the powers of a civil court trying a suit under the code of Civil Procedure, 1908 (5 of 1908), and in particulars in respect to the following matters, namely:- (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court of office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and 177 of the Indian Penal Code.(45 of 1860.). (3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the commission may enter any building or place where the commission has reason to believe that nay document relating to the subject matter of the inquiry may be found, and may seize any document or take extracts or copies there from subject to he provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974.), in or so far as it may be applicable. (4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180, or section 228 of the Indian Penal Code (45 of 1860.) is committed in the view or presence of the commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.(2 of 1974.). (5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860), and the commission shall be deemed to be civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).    |
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