Section 284 CrPC: When attendance of witness may be dispensed with and commission issued
Code of Criminal Procedure, 1973
Section 284 CrPC at a Glance
Section 284 CrPC deals with when attendance of witness may be dispensed with and commission issued. From 1 July 2024 it is replaced by Section 319 BNSS.
What Section 284 CrPC Says
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.
Source: Section 284, Code of Criminal Procedure, 1973
Section 284 CrPC in Simple Words
Section 284 of the Code of Criminal Procedure, 1973 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 Code, 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 pleader's fees, be paid by the prosecution when issuing a commission for the examination of a witness for the prosecution.
When Section 284 CrPC Applies
- 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.
Example of Section 284 CrPC
When Section 284 CrPC Does Not Apply
- Section 284 CrPC 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 289 CrPC.
- Section 284 CrPC speaks of a commission issued by a Court or Magistrate under this Code. It does not deal with the execution of foreign commissions, which is the subject of Section 290 CrPC.
Section 284 CrPC Under BNSS 319: What Changed
Section 284 CrPC is now covered under Section 319 BNSS.
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.
View detailed comparison (CrPC 284 vs BNSS 319) →FAQs on Section 284 CrPC
When may a Court or Magistrate dispense with the attendance of a witness under Section 284(1) CrPC?▼
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 284(1) CrPC?▼
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 284(2) CrPC 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 pleader's fees, be paid by the prosecution.
Where is Section 284 CrPC found in the BNSS from 1 July 2024?▼
Section 284(1) CrPC, with its proviso, is found in Section 319(1) BNSS and Section 284(2) CrPC in Section 319(2) BNSS.
Have questions about Section 284 CrPC?
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, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·