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Section 319 - The Bharatiya Nagarik Suraksha Sanhita, 2023
319. When attendance of witness may be dispensed with and commission issued.
(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 Sections
- Section 430: Suspension of sentence pending appeal; release of appellant on bail
- Section 38: Right of arrested person to meet an advocate of his choice during interrogation
- Section 512: Defect or error not to make attachment unlawful
- Section 221: Cognizance of offence
- Section 233: Procedure to be followed when there is a complaint case and police investigation in respect of same offence
Related Acts
- National Commission for Backward Classes (Repeal) Act, 2018
- Union Territory Goods and Services Tax Act, 2017
- Integrated Goods and Services Tax Act, 2017
- Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021
- New Delhi International Arbitration Centre Act, 2019