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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court or Magistrate finds that examining a…

Under Section 319(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 284(1) of the Code of Criminal Procedure, 1973), whenever, in the course of any…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court or Magistrate finds that examining a witness is necessary for the ends of justice and that securing attendance would cause unreasonable delay, expense or inconvenience. What may the Court or Magistrate do?

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Answer and explanation

Correct answer A

Under Section 319(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 284(1) of the Code of Criminal Procedure, 1973), whenever, in the course of any inquiry, trial or other proceeding under the 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 Chapter XXV.

Option feedback

Option A

Correct. Section 319(1) permits both dispensing with attendance and issuing a commission in these circumstances.

Option B

Incorrect. The Court or Magistrate can itself issue the commission under section 319(1).

Option C

Incorrect. The commission procedure provides a way to examine the witness without compelling attendance in court.

Option D

Incorrect. The Court or Magistrate may receive the witness’s evidence through a commission rather than exclude it.

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