Answer By law4u team
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 pleader's fees, be paid by the prosecution.
Brefe Detail
Section 319 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a Court or Magistrate to dispense with the attendance of a witness if it is determined that their examination is essential for justice, but requiring their presence would result in unreasonable delay or inconvenience. In such cases, a commission can be issued for the witness's examination. Additionally, special provisions are made for high-ranking officials like the President or Governors. The Court can also direct that the prosecution cover reasonable expenses incurred by the accused due to this arrangement.
Question & Answers
Q1: Under what circumstances can a Court dispense with the attendance of a witness?
A1: A Court can dispense with a witness's attendance if their examination is necessary for justice, but their presence would cause unreasonable delay, expense, or inconvenience.
Q2: What is required if the attendance of the President or a Governor is necessary as a witness?
A2: If the attendance of the President, Vice-President, Governor, or Administrator of a Union territory is necessary, a commission must be issued for their examination.
Q3: Who bears the expenses related to the examination of a witness when a commission is issued?
A3: The Court may direct the prosecution to pay reasonable expenses for the accused, including pleader's fees, when a commission for a witness's examination is issued.
Example
1. Issuing a Commission: If a key witness lives abroad and cannot attend court due to travel restrictions, the Court may issue a commission to take their testimony remotely.
2. High-Ranking Officials: When a case involves allegations against a high-ranking official, and their presence is necessary for justice, the Court will issue a commission instead of requiring their attendance in court.
3. Expense Payment: If a witness is located in a remote area, and the accused incurs travel expenses to meet them for testimony, the Court may order the prosecution to reimburse these costs.
Summary
Section 319 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a mechanism for Courts to issue commissions for witness examination in situations where requiring the witness to attend in person would lead to unreasonable delays or inconveniences. This section also emphasizes the importance of high-ranking officials in legal proceedings and ensures that the accused can have their reasonable expenses covered when such commissions are utilized.
