Section 319 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)
319. (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.
Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh
+91-9463742964
advanoopverma@gmail.com