Ranawat, J. - (1.) IN a case of a complaint lodged by Jaigovind against Lalchand in the court of the City Magistrate, Jaipur on the 16th of February, 1950, and transferred to the court of the First Assistant City Magistrate, a petition of Jaigovind for issue of a commission for the examination of two purdanashin ladies was disallowed on the 14th April, 1950, on the ground that under the new Code of Criminal Procedure of Rajasthan it was not permissible to issue a commission for the examination of witnesses in a case of this type. The Magistrate has further referred to the provisions of section 504 of the Jaipur Cr. Procedure Code, by which a purdanashin lady was exempt from personal appearance in a criminal court as a witness and for whose examination it was mandatory for a court to issue a commission. The new Cr. Procedure Code of Rajas-than does not include any such provision as was contained in section 504 of the Jaipur Criminal Procedure Code.
(2.) THE Sessions Judge Jaipur City, upon an application of the complainant, has made this reference with the recommendation that under the provisions of section 503 of the new Cr. Procedure Code, it is permissible for a criminal court to issue a commission for the examination of a witness who is purdanashin lady. Section 503 (1) of the Cr. P. C. provides that "whenever in the course of an enquiry, a trial or any other proceeding under this Code, it appears to a presidency Magistrate, a District Magistrate, a Court of Session, or the High Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such magistrate or court may dispense with such attendance and may issue a commission to any District Magistrate or Magistrate of the First Class within the local limits of whose jurisdiction such witness resides to take the evidence of such witness. " In Hari Sundri, 4 Cat. , 20, it was held that a purdanashin lady has a right as a witness in a criminal case to be exempt from personal appearance in court and is to be examined on commission, and in 24 Cal. , 551, it has been held that there is nothing in the language of section 503 Cr. P. C. to support the contention that a court has no authority to examine a witness on commission when he is within the court's jurisdiction. In 5 Alld. , 92 (Farudunnusa) it has been remarked that the word 'inconvenience' in section 503 empowers the court to allow examination of a witness by commission where according to custom and manners of the country such a witness ought not be compelled to appear in public. In 12 Criminal Law Journal, 501, the Madras High Court has also adopted a similar view. In Rajasthan appearance in courts by purdanashin ladies is considered to cause to their social degradation and it is looked down upon by the public generally, it is therefore, not advisable to enforce personal attendance of purdanashin ladies as witnesses in criminal cases so as to expose them to social degradation, unless there are good grounds for the court to compel their appearance in court, in which case it would be advisable to make suitable arrangements for excluding the members of the public being present in the court at the time when such statement is recorded. The view of the learned Magistrate was not correct that under the new Code of Criminal Procedure, it was not permissible to order the issue of a commission for the examination of purdanashin ladies. He should apply to the District Magistrate for the issue of a commission on the manner provided in the Code of Cr. Procedure under section 506. This reference is accepted, and the order of the First Assistant City Magistrate, dated 14. 4. 50 is set aside, and he is directed to apply to the District Magistrate for the issue of a commission under section 506 Cr. P. C. for the examination of the witnesses who are purdanashin ladies. . ;