Section 319 of BNSS : Section 319: When attendance of witness may be dispensed with and commission issued.

Explanation using Example

Example 1:

Scenario: A high-profile corruption case is being tried in a court in Mumbai. One of the key witnesses is a senior government official who is currently posted in a remote area of Arunachal Pradesh. The official's testimony is crucial for the case, but traveling to Mumbai would cause significant delay and expense.

Application of Section 319: The court in Mumbai determines that the examination of the senior government official is necessary for the ends of justice. However, considering the unreasonable delay, expense, and inconvenience involved in bringing the official to Mumbai, the court decides to dispense with the physical attendance of the witness. Instead, the court issues a commission to examine the witness in Arunachal Pradesh. The testimony is recorded via video conferencing, ensuring that the trial proceeds without unnecessary delays.

Example 2:

Scenario: During a criminal trial in Delhi, the defense wants to call a witness who is the Governor of a state. The Governor's testimony is critical to establish an alibi for the accused. However, due to the Governor's official duties and the impracticality of traveling to Delhi, the defense faces challenges in securing the Governor's attendance.

Application of Section 319: The court acknowledges that the Governor's testimony is essential for the ends of justice. Given the high office held by the Governor and the impracticality of personal attendance, the court issues a commission for the examination of the Governor. The commission arranges for the Governor's testimony to be re...

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