'F', a French National on a tourist visa to India was raped by a group of four boys, two days prior to…

Sections 319 and 320 of the BNSS (formerly sections 284–285 CrPC) allow a commission where obtaining a material witness’s attendance would cause unreasonable delay, expense or inconvenience. For a witness outside India, the commission follows the statutory arrangements for the foreign jurisdiction under section 320(3). This preserves F’s evidence without assuming her refusal requires acquittal or punitive coercion. The facts make that evidence necessary and establish substantial fear and travel inconvenience, so a commission is the appropriate listed course. Section 530 of the BNSS also expressly permits examination and other proceedings in electronic mode.