Section 284 CrPC: Dispensing with Witness Attendance & Issuing Commission

1. Code

Section 284 of the Code of Criminal Procedure (CrPC), 1973

2. 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.

3. 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.

4. 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.