Section 271 CrPC: Power to Issue Commission for Examination of Witness in Prison
Section 271 of the Code of Criminal Procedure, 1973 preserved the court's power to examine a person confined or detained in prison through a commission instead of requiring the witness to attend court in person. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 306.
Text of Section 271 CrPC, 1973
The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.
Corresponding provision: Section 306 BNSS, 2023
The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.
The operative principle is retained. The cross-reference to CrPC Section 284 is replaced by BNSS Section 319, while the commission procedure is located in Part B of Chapter XXV of the BNSS.
Meaning and purpose of a commission
A commission for examination of a witness is a court-authorised process for recording evidence through an appointed judicial authority or other legally designated person, without requiring the witness's physical attendance before the court conducting the case. A person in prison may be examined in this manner when the applicable legal conditions are satisfied.
Section 271 CrPC and Section 306 BNSS do not themselves compel the court to issue a commission in every case. They preserve the separate statutory power to do so, subject to the conditions and procedure governing commissions.
Relevant legal provisions
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 267 | Section 302 | Power to require attendance of prisoners before court |
| Section 270 | Section 305 | Prisoner to be brought to court in custody |
| Section 271 | Section 306 | Commission for examination of a witness in prison |
| Section 284 | Section 319 | Dispensing with personal attendance and issuing a commission |
| Sections 285-289 | Sections 320-324 | Issue, execution, participation, return and adjournment in relation to commissions |
When can a court examine a prison witness by commission?
Under Section 319(1) BNSS, a court or magistrate may dispense with the personal attendance of a witness and issue a commission where examination is necessary for the ends of justice and obtaining attendance would involve unreasonable delay, expense or inconvenience in the circumstances. The court must apply these requirements to the facts of the proceeding.
Safeguards and examination procedure
Part B of Chapter XXV BNSS governs the commission, including the authority to whom it is directed, its execution, the opportunity for parties to examine the witness, and the return of the recorded evidence. The relevant provisions include Sections 320 to 324 BNSS. Section 319(2) also empowers the court, when issuing a commission for a prosecution witness, to direct payment by the prosecution of reasonable expenses of the accused, including advocate's fees.
Examination by commission is distinct from producing a prisoner physically in court under Sections 302 to 305 BNSS. The appropriate course depends on the judicial order, statutory conditions and the needs of a fair proceeding.
Practical significance
The provision allows relevant testimony to be obtained from a person in custody where bringing the person to court is impractical or would cause unreasonable difficulty. It is a procedural mechanism for taking evidence, not a general exemption from the rules of admissibility, examination or procedural fairness.
Official statutory references
Read the India Code official legislation portal, the National Crime Records Bureau's BNSS chapter text, the official CrPC-BNSS section correspondence table and the Bureau of Police Research and Development BNSS reference PDF. Check the latest notified amendments and applicable procedural rules before relying on a provision in a particular case.
This article is intended for general legal information and does not replace case-specific legal advice.