B.—Commissions for the examination of witnesses
BNSS Section 319: When attendance of witness may be dispensed with and commission issued
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 25: EVIDENCE IN INQUIRIES AND TRIALS (A.—Mode of taking and recording evidence, B.—Commissions for the examination of witnesses)
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319. B.—Commissions for the examination of witnesses
(1) Whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate 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, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:
Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.
(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the advocate's fees, be paid by the prosecution.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 307. Language of Courts
- 308. Evidence to be taken in presence of accused
- 309. Record in summons-cases and inquiries
- 310. Record in warrant-cases
- 311. Record in trial before Court of Session
- 312. Language of record of evidence
- 313. Procedure in regard to such evidence when completed
- 314. Interpretation of evidence to accused or his advocate
- 315. Remarks respecting demeanour of witness
- 316. Record of examination of accused
- 317. Interpreter to be bound to interpret truthfully
- 318. Record in High Court
- 320. Commission to whom to be issued
- 321. Execution of commissions
- 322. Parties may examine witnesses
- 323. Return of commission
- 324. Adjournment of proceeding
- 325. Execution of foreign commissions
- 326. Deposition of medical witness
- 327. Identification report of Magistrate
- 328. Evidence of officers of Mint
- 329. Reports of certain Government scientific experts
- 330. No formal proof of certain documents
- 331. Affidavit in proof of conduct of public servants
- 332. Evidence of formal character on affidavit
- 333. Authorities before whom affidavits may be sworn
- 334. Previous conviction or acquittal how proved
- 335. Record of evidence in absence of accused
- 336. Evidence of public servants, experts, police officers in certain cases