CrPC Section 284
🔹 Section 284 CrPC – When Attendance of Witness Cannot Be Enforced
📜 Text (Simplified):
If a witness is in a different place (outside the court’s jurisdiction) and cannot be compelled to attend—or if their attendance would cause undue delay, expense, or inconvenience—then:
The court may issue a commission for the examination of that witness.
This commission allows a local Magistrate or other authorized person near the witness's location to record their evidence, which is then sent to the court handling the trial or inquiry.
🔹 Key Elements of Section 284:
Applicable When:
Witness is outside the jurisdiction.
Witness cannot be compelled to appear.
Attendance involves undue delay, expense, or inconvenience.
Purpose:
To prevent delays and make trials efficient.
To collect evidence when the physical presence of a witness is difficult or impossible.
Who Issues the Commission?
The court holding the inquiry, trial, or other proceeding.
Who Executes It?
Usually a Magistrate or a Commissioner appointed for that purpose, in the location where the witness resides.
🔹 Practical Example:
Suppose a criminal case is going on in Mumbai, and a crucial witness lives in a remote village in Assam. If it would be too difficult or expensive for them to travel, the court in Mumbai may issue a commission under Section 284, so a local Magistrate in Assam can record the testimony and send it to Mumbai.
🔹 Related Sections:
Section 285 CrPC: Deals with to whom the commission is to be issued.
Section 286 CrPC: Concerns the return of commission with deposition.
Section 287 CrPC: Explains how the recorded evidence is treated by the trial court.
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