Text of Section 46:
Sub-section (1): The Court may call upon the Collector or any court subordinate to the Court to provide a report on any matter arising in any proceeding under this Act. Such a report, once submitted, shall be treated as evidence by the Court.
Sub-section (2): To prepare the report, the Collector or the Judge of the subordinate Court, as the case may be, shall make such inquiry as he deems necessary. For the purpose of the inquiry, the Collector or the Judge may exercise any power to compel the attendance of a witness to give evidence or to produce a document, which is conferred on a Court by the Code of Civil Procedure, 1882.
Simplified Explanation:
Purpose of Section 46:
Section 46 grants the Court the power to request reports from the Collector or from any lower courts that are handling matters under the Guardians and Wards Act, 1890. These reports, which are generated in response to matters in guardianship cases, serve as evidence for the Court in making decisions.
Key Points:
- Reports from the Collector and Subordinate Courts:
- The Court has the authority to ask the Collector or any subordinate court to submit a report on matters related to proceedings under this Act.
- These reports are not merely administrative; they are treated as evidence in the case, meaning they play a role in influencing the Court’s decision.
- Inquiries for Preparing the Report:
- When preparing the report, the Collector or subordinate court has the responsibility to conduct an inquiry to gather necessary information.
- They have the legal power to compel witnesses to appear and give testimony or to produce relevant documents that might be needed for the report. This is similar to the powers granted to a Court under the Code of Civil Procedure.
Purpose and Scope:
Section 46 facilitates the Court’s ability to gather external, reliable information to support decisions related to guardianship. It ensures that the Court can obtain comprehensive and accurate information about the case at hand, especially when a guardian’s actions, or the ward’s best interests, are in question.
Practical Impact:
- Efficient Investigation: This section allows the Court to direct the Collector or subordinate courts to investigate specific matters, thus expanding the resources available to the Court for accurate decision-making.
- Evidence for Decision-making: The Court is empowered to rely on these reports as evidence. This may be crucial in situations where the Court requires additional information about the ward’s welfare, guardian’s conduct, or other aspects of the case that the Court is not directly involved in investigating.
- Power to Compel Attendance: It grants authority to the Collector or Judge to summon witnesses or documents, ensuring that the necessary evidence is brought before the Court, even if it requires the intervention of other judicial bodies.
Example:
If a dispute arises regarding the welfare of a minor under guardianship, the Court may request a report from the Collector to inquire about the minor’s living conditions or from a subordinate court about previous proceedings in the case. The Collector or court may compel relevant witnesses, such as neighbors or healthcare providers, to testify about the ward’s condition. The report produced after this inquiry would then be used as part of the evidence when the Court makes a decision.
Conclusion:
Section 46 empowers the Court to obtain comprehensive and credible reports from the Collector or subordinate courts on matters related to guardianship cases. These reports are treated as evidence, thus ensuring that decisions made by the Court are based on a thorough examination of all available facts. The section also provides the necessary legal framework for inquiries and the compulsory gathering of evidence to facilitate fair and just rulings in guardianship matters.
