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

Summary

If a court or magistrate decides that a witness’s testimony is needed for a fair outcome, but getting that person to appear in person would cause too much delay, cost, or trouble, the court can skip requiring their physical attendance. Instead, the court can issue a commission—an official order—to have the witness examined outside the courtroom, following the rules in this chapter. However, if the witness is the President, Vice-President, Governor of a state, or Administrator of a union territory, the court must use a commission for their examination. When the court issues a commission for a prosecution witness, it can also order the prosecution to pay a reasonable amount to cover the accused person’s expenses, including their lawyer’s fees.

Official 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §284 — When attendance of witness may be dispensed with and commission issued