section 10
Powers of the Commission to enforce attendance and production of documents
The Rajasthan State Commission for Women Act, 1999General199922 sections
Statutory text
- (1) The Commission shall, for the purpose of any inquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any witness and examining him/her; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public records or copy thereof from any public office; (e) issuing commissions, summons for the examination of witnesses. (2) The Commission shall be deemed to be 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, 1860 (Central Act 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 Indian Penal Code, 1860 (Central Act 45 of 1860) or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), 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 (Central Act 2 of 1974). (3) Every proceeding before the Commission shall be deemed to be judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, 1860 (Central Act 45of 1860) and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
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