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 recorded at the Governor's official residence, ensuring that the trial can proceed with the necessary evidence without causing undue inconvenience to the Governor.

Example 3:

Scenario: In a fraud case being heard in a court in Chennai, a key witness for the prosecution is an elderly woman who is bedridden and unable to travel. Her testimony is vital to establish the fraudulent activities of the accused.

Application of Section 319: The court in Chennai finds that the elderly woman's testimony is necessary for the ends of justice. Given her medical condition, it would be unreasonable to expect her to attend the court in person. The court decides to dispense with her attendance and issues a commission to examine her at her residence. A judicial officer visits her home, and her testimony is recorded, ensuring that her evidence is included in the trial without causing her undue hardship.

Example 4:

Scenario: A business dispute case in a court in Bengaluru involves a witness who is the Vice-President of India. The witness's testimony is crucial to resolve the dispute, but due to the high office held by the Vice-President, it is impractical for him to attend the court proceedings in person.

Application of Section 319: Recognizing the importance of the Vice-President's testimony and the impracticality of his personal attendance, the court issues a commission for his examination. The commission arranges for the Vice-President's testimony to be recorded at his official residence, ensuring that the necessary evidence is obtained without disrupting his official duties.

Example 5:

Scenario: In a narcotics case in a court in Hyderabad, the prosecution needs to examine a foreign national who is a key witness but is currently residing in the United States. The witness's testimony is critical to establish the chain of custody of the narcotics.

Application of Section 319: The court in Hyderabad determines that the foreign national's testimony is necessary for the ends of justice. Considering the unreasonable delay, expense, and inconvenience of bringing the witness to India, the court decides to dispense with his physical attendance. The court issues a commission to examine the witness via video conferencing from the United States, ensuring that the trial can proceed with the necessary evidence without unnecessary delays.