DP Act 5

धारा 5 · Power of authorised inquiring authority to enforce attendance of witnesses and production of documents

(1)

Every inquiring authority under section 4 (hereinafter referred to as the 'authorised inquiring authority") shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters namely :-

(a)

the summoning and enforcing the attendance of any witness and examining him on oath;

(b)

requiring the discovery and production of any document or other material which is producible as evidence;

(c)

the requisitioning of any public record from any court or office.

(2)

Every process issued by an authorised inquiring authority for the attendance of any witness or for the production of any document shall be served and executed through the Chief Presidency Magistrate in Calcutta or through the District Judge in a district, within the local limits of whose jurisdiction the witness or other person, on whom the process is to served or executed, voluntarily resides or carries on business or personally works for gain, and, for the purpose of taking any action for the disobedience of any such process, every such process shall be deemed to be process issued by the Chief Presidency Magistrate or the District Judge, as the case may be.

(3)

Every authorised inquiring authority making any departmental proceedings under this Act shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898.

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