Section 284 CrPC and Section 319 BNSS: When Witness Attendance May Be Dispensed With
Indian criminal procedure allows a court to record necessary witness evidence through a commission where requiring the witness to attend personally would cause unreasonable delay, expense or inconvenience. The former provision was Section 284 of the Code of Criminal Procedure, 1973 (CrPC); its corresponding provision is Section 319 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and purpose of a commission
A commission for examination of a witness is a court-authorised process through which evidence may be taken by an authorised judicial officer or other designated authority without requiring the witness to attend the trial court personally. It is an exception to the ordinary method of recording testimony, intended to secure relevant evidence without disproportionate practical hardship while protecting the parties' opportunity to participate.
Section 284 CrPC: Legal provision
Section 284(1) - Dispensing with attendance
During any inquiry, trial or other proceeding under the CrPC, if the Court or Magistrate considers a witness's examination necessary for the ends of justice and finds that securing personal attendance would entail unreasonable delay, expense or inconvenience in the circumstances, it may dispense with attendance and issue a commission to examine the witness in accordance with the relevant chapter.
Proviso: If examination of the President or Vice-President of India, a State Governor or the Administrator of a Union territory is necessary for the ends of justice, a commission shall be issued.
Section 284(2) - Expenses of the accused
Where a commission is issued to examine a prosecution witness, the Court may direct the prosecution to pay a reasonable amount towards the accused's expenses, including the pleader's fees.
The above is an explanatory restatement of the provision, not a substitute for the statutory text.
Section 319 BNSS: Current corresponding law
Section 319 of the BNSS, titled When attendance of witness may be dispensed with and commission issued, retains the central safeguards of Section 284 CrPC. Under subsection (1), the Court or Magistrate may issue a commission where examination is necessary for justice and attendance would impose unreasonable delay, expense or inconvenience. The special proviso concerning constitutional office-holders remains. Under subsection (2), reasonable expenses of the accused, including advocate's fees, may be directed to be paid by the prosecution where a prosecution witness is examined by commission.
Read the official BNSS chapter text published by the National Crime Records Bureau or the BNSS text hosted by the Bureau of Police Research and Development.
Conditions for issuing a commission
- Judicial necessity: The evidence must be necessary for the ends of justice, not merely convenient to obtain.
- Unreasonable burden: Procuring attendance must involve delay, expense or inconvenience that is unreasonable in the circumstances.
- Judicial discretion: Except for the specified constitutional office-holders, issuance is discretionary, subject to the statutory conditions.
- Procedural safeguards: Examination must follow the provisions governing commissions, including the parties' rights under those provisions.
- Prosecution expenses: The court may order payment of reasonable defence expenses when a prosecution witness is examined by commission.
How the examination is conducted
The issuing court directs the commission to the appropriate authority under Section 320 BNSS (corresponding to Section 285 CrPC). Subsequent provisions regulate execution, examination by the parties, return of the commission and adjournment of proceedings. The commission does not automatically eliminate the accused's procedural protections or the opportunity for appropriate questioning.
Relevant BNSS provisions include Sections 320 to 324, dealing with the recipient of the commission, execution, examination by parties, return and adjournment. The particular procedure depends on the location of the witness and the circumstances of the case.
Frequently asked questions
What is the BNSS equivalent of Section 284 CrPC?
Section 319 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a court dispense with attendance simply because a witness lives far away?
Distance may be relevant, but the court must assess whether attendance would involve unreasonable delay, expense or inconvenience and whether the evidence is necessary for justice.
Is a commission mandatory for every witness?
No. Ordinarily, issuance is discretionary. The statutory proviso requires a commission where examination of the listed constitutional office-holders is necessary for the ends of justice.
Who pays the accused's expenses?
For a prosecution witness examined by commission, the court may direct the prosecution to pay reasonable expenses, including advocate's fees under Section 319(2) BNSS.
Official legal references
Consult the Government of India BNSS text and the BPR&D statutory reference PDF for the applicable provisions. For cases governed by the earlier Code, refer to Section 284 CrPC and the related commission provisions in that Code.