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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, F, a French tourist and necessary prosecution…

Section 319 permits a commission when necessary testimony cannot reasonably be procured by personal attendance. Section 320(3) governs the prescribed foreign transmission…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, F, a French tourist and necessary prosecution witness in a rape trial, has returned to France. The court finds her personal attendance would cause unreasonable inconvenience and delay. Appropriate arrangements with France exist for taking evidence on commission. Which course is most appropriate?

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Answer and explanation

Correct answer D

Section 319 permits a commission when necessary testimony cannot reasonably be procured by personal attendance. Section 320(3) governs the prescribed foreign transmission and execution where intergovernmental arrangements exist. Inconvenience alone does not excuse every witness; the court must make the statutory finding, and the foreign arrangements must exist.

Option feedback

Option A

A commission addresses the established unreasonable-attendance obstacle.

Option B

Punishment requires its statutory conditions and a show-cause opportunity.

Option C

Evidence can be obtained by the authorised commission route.

Option D

Sections 319 and 320(3) authorise the commission on these findings and arrangements.

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