BNSS 319 — When attendance of witness may be dispensed with and commission issued.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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