When attendance of witness may be dispensed with and commission issued
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Summary
Court or Magistrate may dispense with a witness's personal attendance and issue a commission to record their evidence when bringing the witness in person would cause unreasonable delay, expense or inconvenience. If the witness is the President, Vice‑President, Governor or Administrator and their evidence is needed, a commission must be issued. When the prosecution seeks a commission, the Court can order the prosecution to pay reasonable expenses of the accused, including advocate's fees.
Example
Arjun lives in another state and cannot attend the trial without long delay and high cost; the Magistrate dispenses with his attendance and issues a commission to record his evidence. Because the prosecution applied for the commission, the Court orders the prosecution to pay reasonable expenses of the accused, including advocate's fees.
Bare Act
Enacted 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.
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