Code
(1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:
Provided that where the examination of the President or the Vice-President of India or 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.
(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the pleader’s fees, be paid by the prosecution.
Explanation
This section empowers a Magistrate to dispense with the personal attendance of a witness in a criminal trial and instead issue a commission for the examination of that witness. This is done when the attendance of the witness in court is:
- Impractical: The witness may reside far away or be unable to travel due to health issues.
- Inconvenient: Bringing the witness to court might cause significant disruption to their work or personal life.
- Unnecessary: The witness’s testimony might not be crucial to the case.
Illustration
Imagine a witness living in a remote village in a different state. The case is being heard in a city court. The Magistrate, considering the distance and travel difficulties, can issue a commission to a Judicial Magistrate in the village to examine the witness. The magistrate will then record the witness’s testimony and send it to the city court for consideration.
Common Questions and Answers
Who can issue a commission under Section 284?
A Magistrate can issue a commission.
Who can be examined by a commission?
Any witness in a criminal trial can be examined by a commission.
What happens to the evidence recorded by the commission?
The evidence recorded by the commission is sent to the court that issued the commission.
