Section 319 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 319 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** addresses the procedure for dispensing with the attendance of a witness and issuing a commission for their examination in certain circumstances.([aaptaxlaw.com][1])
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### 🧾 Section 319: When Attendance of Witness May Be Dispensed With and Commission Issued
#### 1. **Dispensing with Witness Attendance**
In the course of any inquiry, trial, or other proceeding under this Sanhita, if a Court or Magistrate determines that the examination of a witness is necessary for the ends of justice, and that procuring the attendance of such a witness would result in unreasonable delay, expense, or inconvenience, the Court or Magistrate may dispense with the witness's attendance.([vlaoffice.com][2])
#### 2. **Issuance of Commission**
Upon dispensing with the attendance of a witness, the Court or Magistrate may issue a commission for the examination of the witness in accordance with the provisions of this Chapter.([prashantkanha.com][3])
#### 3. **Examination of Constitutional Dignitaries**
If the examination of the President or Vice-President of India, 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.([prashantkanha.com][3])
#### 4. **Payment of Expenses**
When issuing a commission for the examination of a witness for the prosecution, the Court may direct that an amount considered reasonable to meet the expenses of the accused, including the advocate’s fees, be paid by the prosecution.([vlaoffice.com][2])
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### ⚖️ Legal Context
This provision is analogous to **Section 284 of the Indian Penal Code (IPC), 1973**, which similarly addresses the dispensing of a witness's attendance and the issuance of a commission for their examination. Both provisions aim to ensure that the examination of witnesses is conducted efficiently and without unnecessary delay, while also considering the practical challenges involved in securing a witness's attendance.([law4u.in][4])
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### 🔍 Practical Implications
* **For the Court**: Provides flexibility to manage proceedings effectively, especially when a witness's attendance is challenging to secure.([aaptaxlaw.com][1])
* **For the Accused**: Ensures that the rights of the accused are protected by allowing for the examination of witnesses without undue delay or inconvenience.([law4u.in][4])
* **For Legal Practitioners**: Offers a procedural avenue to facilitate the examination of witnesses, ensuring that justice is not hindered by logistical challenges.([law4u.in][4])
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