CrPC 284 to BNSS 319: When attendance of witness may be dispensed with and commission issued
Section 284 CrPC (1973) replaced by Section 319 BNSS (2023)
CrPC 284 to BNSS 319 at a Glance
Section 284 CrPC (When attendance of witness may be dispensed with and commission issued) is now Section 319 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 284 to BNSS 319?
Section 284 CrPC is found in Section 319 BNSS from 1 July 2024. The heading and the proviso to Section 319(1) BNSS are the same as in Section 284(1) CrPC. Section 319(1) BNSS reads under this Sanhita where Section 284(1) CrPC read under this Code, and Section 319(2) BNSS reads the advocate's fees where Section 284(2) CrPC read the pleader's fees.
CrPC 284 vs BNSS 319: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 284 | 319 |
| Heading | When attendance of witness may be dispensed with and commission issued | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 284 and BNSS 319: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 284, CrPC 1973
284. When attendance of witness may be dispensed with and commission issued.—(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.
BNSS 2023 (in force)
Section 319, BNSS 2023
319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, 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 advocate's fees, be paid by the prosecution.
When It Applies: CrPC 284 vs BNSS 319
Under CrPC 284
- It must appear to a Court or Magistrate, in the course of any inquiry, trial or other proceeding under this Code, that the examination of a witness is necessary for the ends of justice.
- It must also appear that the attendance of the 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 then dispense with the attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter.
- 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.
- When issuing a commission for the examination of a witness for the prosecution, the Court may 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.
Under BNSS 319
- It must appear to a Court or Magistrate, in the course of any inquiry, trial or other proceeding under this Sanhita, that the examination of a witness is necessary for the ends of justice.
- It must also appear that the attendance of the 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 then dispense with the attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter.
- 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.
- When issuing a commission for the examination of a witness for the prosecution, the Court may direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the advocate's fees, be paid by the prosecution.
What CrPC 284 to BNSS 319 Means in Practice
From 1 July 2024, a reader looks to Section 319 BNSS for the provision that Section 284 CrPC contained.
FAQs: CrPC 284 to BNSS 319
Which words differ between Section 284 CrPC and Section 319 BNSS?▼
Section 319(1) BNSS reads under this Sanhita where Section 284(1) CrPC read under this Code, and Section 319(2) BNSS reads advocate's fees where Section 284(2) CrPC read pleader's fees.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·