Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 319
Code: Section 319 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the issuance of a commission for the examination of a witness in criminal proceedings. It allows a Court or Magistrate to dispense with the physical attendance of a witness if their examination is necessary for the ends of justice but their presence cannot be secured without undue delay, expense, or inconvenience.
The section also mandates the issuance of a commission for the examination of the President, Vice-President, Governor, or Administrator of a Union territory if their testimony is deemed necessary for the ends of justice.
Furthermore, it empowers the Court to order the prosecution to cover the reasonable expenses incurred by the accused, including legal fees, when a commission is issued for the examination of a prosecution witness.
Illustration:
Consider a case where a key witness is residing abroad. Bringing them to India for the trial would involve significant expense, delay, and inconvenience. In such a situation, the Court can issue a commission for the examination of the witness in their location. The commission would authorize a designated person to conduct the examination, record the testimony, and submit it to the Court.
Common Questions and Answers:
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Q: When can a commission be issued under Section 319?
A: A commission can be issued when the examination of a witness is necessary for the ends of justice but their attendance cannot be procured without unreasonable delay, expense, or inconvenience. -
Q: Is there any exception to the requirement of a commission?
A: Yes, if the witness is the President, Vice-President, Governor, or Administrator of a Union territory, a commission must be issued regardless of other factors. -
Q: Who is responsible for the expenses incurred in examining a witness under a commission?
A: When the commission is for the examination of a prosecution witness, the prosecution is responsible for the accused’s reasonable expenses, including legal fees.
