Section 319 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 319 – When Attendance of a Witness May Be Dispensed With and Commission Issued
Purpose and Context
This section addresses situations in a legal proceeding where the court needs to examine witnesses but finds that requiring their physical presence in court might not be practical or justifiable. It sets out the conditions and procedures for the court to allow a witness to be examined without personally appearing before the court.
Key Concepts
Necessity of Witness Examination
The court recognizes that sometimes a witness’s testimony is essential to ensure a fair and just outcome in a case.
This examination is important for establishing facts, clarifying events, or verifying evidence.
Dispensing with Personal Attendance
There are scenarios where making the witness appear physically in court could cause:
Unreasonable delay in proceedings,
Excessive expense (for the witness or parties involved),
Significant inconvenience or hardship.
In such cases, the court has the discretion to waive the requirement for the witness to be physically present.
Issuing a Commission for Examination
Instead of attending court, the witness can be examined elsewhere through a formal process known as issuing a commission.
A commission is an official order authorizing someone (often a legal official or a designated commissioner) to record the witness’s testimony outside of court.
The commissioner collects the testimony under oath, ensuring the process’s legality and reliability.
Special Cases – Important Dignitaries
If the witness is a high-ranking official like the President, Vice-President, Governor, or Administrator of a Union Territory, the law mandates issuing a commission rather than requiring personal attendance.
This respects the importance and busy schedules of such dignitaries while ensuring their testimony is legally recorded.
Financial Considerations
When the commission is for the examination of a witness for the prosecution, the court can require that a reasonable amount be paid to cover the accused’s expenses, including legal fees.
This ensures fairness and that the accused is not unduly burdened by costs related to the examination conducted remotely.
Why Is This Important?
Efficiency: It prevents unnecessary delays that might arise if a witness cannot attend easily.
Fairness: Ensures all necessary testimony is recorded without compromising the rights of either party.
Access to Justice: Even if a witness is far away, ill, or otherwise unable to attend, their evidence can still be part of the trial.
Respect for Protocol: Special provisions for high officials acknowledge their importance while balancing legal needs.
Financial Fairness: Helps balance costs fairly between prosecution and defense.
In Practical Terms
Imagine a witness lives far away or is seriously ill and cannot travel.
The court reviews the case and decides their testimony is critical.
Instead of postponing the trial, the court issues a commission, appointing a legal officer near the witness’s location to record their testimony.
The recorded testimony is then submitted in court as if the witness had been present.
This helps move the case forward without compromising justice.
Summary
Section 319 allows courts flexibility in managing witness testimony by permitting the examination of witnesses remotely under special orders (commissions). It balances the need for crucial testimony with practical considerations of time, cost, and convenience—ensuring justice is done without unnecessary hurdles.
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