Bharatiya Nagarik Suraksha Sanhita, 2023
Section 319
When attendance of witness may be dispensed with and commission issued
(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.
Why this exists
This provision, from Section 284 of the old CrPC, balances the need for a witness's evidence against real-world practicalities, letting elderly, distant, unwell, or constitutionally high-ranking witnesses give evidence without everyone traveling to the trial court, while making sure the accused isn't left financially burdened by the arrangement.
Common misconceptions
- Myth: Courts can issue a commission for any witness they find slightly inconvenient.
Fact: The court must be satisfied that attendance is genuinely unreasonable to procure; and for constitutional office holders like the President or a Governor, using a commission is compulsory, not optional.