JUDICIAL SERVICES EXAM CRPC/BNSS CHALLENGE!
crpc_bnss judiciary advanced poll_styleHey guys, I need your help with this one. We've got a scenario where a witness has been summoned under Section 319 CrPC to give a sworn statement in a court outside the territorial jurisdiction of the Magistrate who issued the summons. Let's say, for example, the witness is residing in Mumbai but is required to give a sworn statement in Delhi.
Now, here are the two possible options:
Option A: The Magistrate in Delhi can administer the oath and record the sworn statement of the witness under Section 319 CrPC, as the witness is present in Delhi.
Option B: The Magistrate in Delhi cannot administer the oath unless the witness has been produced before the Magistrate's court in Mumbai and a sworn statement has been recorded there, in which case it can be attested by the Magistrate in Delhi under Section 309 CrPC.
Which one is correct and why?