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BNSS · Section 319 · Chapter XXV — EVIDENCE IN INQUIRIES AND TRIALS

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

What this section does

A Court or Magistrate may dispense with a witness's attendance and issue a commission for examination when such examination is necessary for the ends of justice but procuring attendance would involve unreasonable delay, expense, or inconvenience. A commission is mandatory when the witness to be examined is the President or Vice-President of India, a Governor of a State, or an Administrator of a Union territory. When issuing a commission for a prosecution witness, the Court may direct the prosecution to pay a reasonable amount to cover the accused's expenses including advocate's fees.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court · Magistrate · Witness · Prosecution · Accused · Advocate
Old-law correspondence

Derived from CrPC s.284.

Read the official text

For the binding statutory text of BNSS Section 319, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 319 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.