Section 319 BNSS: When attendance of witness may be dispensed with and commission issued
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 319 BNSS at a Glance
Section 319 BNSS deals with when attendance of witness may be dispensed with and commission issued. It replaced Section 284 CrPC on 1 July 2024.
Section 319 BNSS Bare Act Text
(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.
Source: Section 319, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 319 BNSS in Simple Words
Section 319 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a Court or Magistrate dispensing with the attendance of a witness and issuing a commission for the examination of the witness. This may be done in the course of any inquiry, trial or other proceeding under this Sanhita, where the examination of the witness is necessary for the ends of justice and 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.
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. The Court may direct that the expenses of the accused, including the advocate's fees, be paid by the prosecution when issuing a commission for the examination of a witness for the prosecution.
When Section 319 BNSS Applies
- 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.
Example of Section 319 BNSS
When Section 319 BNSS Does Not Apply
- Section 319 BNSS speaks of dispensing with the attendance of a witness and issuing a commission. It does not deal with the adjournment of the proceeding while the commission is executed, which is the subject of Section 324 BNSS.
- Section 319 BNSS speaks of a commission issued by a Court or Magistrate under this Sanhita. It does not deal with the execution of foreign commissions, which is the subject of Section 325 BNSS.
Section 319 BNSS in the CrPC (Previous Law)
Section 319 BNSS replaced Section 284 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 319 BNSS
When may a Court or Magistrate dispense with the attendance of a witness under Section 319(1) BNSS?▼
When it appears that the examination of the witness is necessary for the ends of justice, and 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.
Whose examination requires a commission under the proviso to Section 319(1) BNSS?▼
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, where it is necessary for the ends of justice.
What does Section 319(2) BNSS say about the expenses of the accused?▼
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.
What changed from Section 284 CrPC to Section 319 BNSS from 1 July 2024?▼
Section 319 BNSS has the same heading as Section 284 CrPC. 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. The rest of the text is the same.
Section 319 BNSS: Sub-sections Explained
Section 319(1) BNSS: When attendance of witness may be dispensed with and commission issued
▶
Bare Act Text
(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.
Section 319(2) BNSS: When attendance of witness may be dispensed with and commission issued
▶
Bare Act Text
(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.
Have questions about Section 319 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·