Powers of Commission
Section 4 of the Commissions of Inquiry Act, 1952 deals with powers of Commission. The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-- (a) [summoning and enforcing the attendance of any person from any part of India] and examining him on oath; The Act came into force on 01 Oct 1952.
The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
(a) 1[summoning and enforcing the attendance of any person from any part of India] and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
Section 4, The Commissions of Inquiry Act, 1952 (Act 60 of 1952).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ghanshyam Upadhyay v. State of Uttar Pradesh & Ors.
Court's Decision & Legal Precedent
DATE-MATCHED Judgement/Order 2020-08-19 (order-6.pdf) — body 'AUGUST 19, 2020' and digital signature 2020.08.19 match index Judgement date; get_order_markdown tool falsely flagged WRONG DOC on annexure/ROP dates (Divvela/Ethiopian-style) — body trusted. Bias challenge to Vikas Dubey Inquiry Commission (Justice B.S. Chauhan + member) dismissed: newspaper reports alone lack evidentiary value; Commission under the Act is empowered merely to investigate, record findings and make recommendations that are not enforceable proprio vigore (Ram Krishna Dalmia; State of Karnataka; Sham Kant — findings not binding on criminal courts). Plea of bias against a fact-finding Commission requires cogent undisputed material, not vague newspaper suspicion.
On this section: s.4 — Commission's statutory powers are investigative/recommendatory; recommendations lack force proprio vigore and do not bind courts — bias challenges judged against that limited power set.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Commissions of Inquiry Act?
Ghanshyam Upadhyay v. State of Uttar Pradesh & Ors. (19 Aug 2020) is the leading judgment on this section among those set out below: s.4 — Commission's statutory powers are investigative/recommendatory; recommendations lack force proprio vigore and do not bind courts — bias challenges judged against that limited power set.
How do I find court cases under Section 4 of the Commissions of Inquiry Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Commissions Inquiry Act 1952 4, section 4 Commissions Inquiry Act 1952, section 4 of the Commissions of Inquiry Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ghanshyam Upadhyay v. State of Uttar Pradesh & Ors. (19 Aug 2020).
When did Section 4 of the Commissions of Inquiry Act come into force?
Section 4 of the Commissions of Inquiry Act, cited as Commissions Inquiry Act 1952 4, came into force on 01 Oct 1952, having been enacted on 14 Aug 1952. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Additional powers of Commission442 words
- 10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute391 words
- 3. Appointment of Commission352 words
- 5A. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry351 words
- 12. Power to make rules311 words
- 7. Commission to cease to exist when so notified169 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.