(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.
Bharatiya Nagarik Suraksha Sanhita
Section 319
When attendance of witness may be dispensed with and commission issued
⚡ Quick Answer Reference: Section 319 BNSS
- Provision: Section 319 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section allows a court or magistrate to skip requiring a witness to attend a trial or inquiry if it would cause too much delay, expense, or inconvenience. Instead, the court can issue a commission for the witness to be examined remotely.
What does Section 319 of BNSS say?
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What does Section 319 of BNSS mean?
Plain English Explanation
This section allows a court or magistrate to skip requiring a witness to attend a trial or inquiry if it would cause too much delay, expense, or inconvenience. Instead, the court can issue a commission for the witness to be examined remotely.
Practical Interpretation
In practice, this section is used when a witness is located far away or is unable to attend a trial due to health reasons. The court will issue a commission, which is a formal request for the witness to provide a written statement or appear before a different court.
Core Legal Purpose
The core purpose of this section is to ensure that justice is served by allowing witnesses to be examined remotely, even if they cannot attend a trial in person. This helps to prevent undue delay and expense in the legal process.
- •The examination of a witness is necessary for the ends of justice.
- •The attendance of the 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 must consider whether the witness's examination is necessary for justice and whether their attendance would cause undue delay or expense.
- •The examination of the President, Vice-President, Governor, or Administrator of a Union territory as a witness is always necessary for the ends of justice, and a commission must be issued for their examination.
Practical Example of Section 319 BNSS
Rajesh, a key witness in a murder trial, lives in a remote village in Jharkhand. Due to the distance and lack of transportation, it would be extremely difficult and expensive for Rajesh to attend the trial in Delhi. The court, considering the circumstances, decides to issue a commission for Rajesh's examination. Rajesh provides a written statement, which is then presented in court. This allows the trial to proceed without undue delay or expense.
Frequently Asked Questions about Section 319 BNSS
Q: What is the punishment or consequence under Section 319 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision for the examination of witnesses in legal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 319 BNSS
What is Section 319 of BNSS?
Section 319 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When attendance of witness may be dispensed with and commission issued". In plain terms: This section allows a court or magistrate to skip requiring a witness to attend a trial or inquiry if it would cause too much delay, expense, or inconvenience. Instead, the court can issue a commission for the witness to be examined remotely.
What is the punishment under Section 319 of BNSS?
Section 319 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 319 of BNSS bailable or non-bailable?
Whether Section 319 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 319 of BNSS?
The essential elements of Section 319 of BNSS are: The examination of a witness is necessary for the ends of justice.; The attendance of the 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 must consider whether the witness's examination is necessary for justice and whether their attendance would cause undue delay or expense..
Landmark Judgments under Section 319 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 319
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