When attendance of witness may be dispensed with and commissionissued
Section 284 of the Code of Criminal Procedure, 1973 deals with when attendance of witness may be dispensed with and commissionissued. 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 wi The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 284, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 319 When attendance of witness may be dispensed with and commission issued Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sanjeeva Palan vs State of U.p.
Court's Decision & Legal Precedent
A trial court, when faced with an application under Section 284 Cr.P.C. for recording evidence through commission or video conferencing, must exercise its discretion by carefully considering the peculiar circumstances of the case, including the age, health, language barriers, safety concerns, and relocation of witnesses, and must weigh whether any prejudice would be caused to the parties if such alternative modes are allowed. The court cannot reject such applications merely on the ground that the trial is pending for a long time or that the witnesses are suspected of being absconders, without considering the legitimate difficulties faced by the witnesses. The interests of justice require that courts balance the need for expeditious trial with the practical difficulties and vulnerabilities of witnesses.
On this section: Provides for recording evidence of witnesses who are unable or unwilling to attend court through commission. The court held that the trial court failed to properly exercise its discretion under this section.
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Central Bureau of Investigation vs Sohan Lal Bishnoi
Court's Decision & Legal Precedent
The inherent jurisdiction of the High Court under Section 482 CrPC cannot be invoked to interfere with a trial court's discretionary order declining to permit video teleconference examination of a witness in a sessions trial, where the trial court has exercised its discretion judiciously, in good faith, on correct and plausible grounds, and where the witness has merely expressed partial reluctance rather than outright refusal to appear, and where the reasons for non-appearance (professional inconvenience and travel expenses) are not substantial or genuine grounds for dispensing with personal presence of witness, particularly when the trial court has already issued summons multiple times and the witness has not specifically stated inability to visit India for compelling reasons.
On this section: Provisions regarding examination of witnesses. Referenced in context of alternative procedures available to trial court.
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Dr. N. Rama Krishna Raju vs Dr. T. Srinivasulu
Court's Decision & Legal Precedent
The appointment of a private advocate (Advocate Commissioner) for examining a witness in criminal proceedings is impermissible and violates the statutory framework enshrined in Sections 284 to 286 CrPC. When a witness cannot attend court due to age, infirmity, or other reasonable grounds, the proper procedure is to approach the concerned Chief Metropolitan Magistrate or Chief Judicial Magistrate for appointing a Magistrate as Commissioner to examine the witness in accordance with the statutory provisions, not to appoint a private advocate for this purpose.
On this section: Provides that when examination of a witness is necessary and attendance cannot be procured without unreasonable delay, expense or inconvenience, a commission may be issued. The Court must satisfy itself that these conditions are met.
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Sri K.krishna Kishore vs The State of A.p.
Court's Decision & Legal Precedent
A revision petition is not maintainable when the petitioner has not first offered an explanation to the lower court's objection regarding the maintainability of an application, and instead directly approaches the High Court without exhausting the procedural remedy available before the lower court.
On this section: Provision allowing exemption from personal appearance and appointment of advocate-commissioner for examination - the core procedural provision at issue in this revision
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… and in the presence of the parents of the child or any other person in whom the child has trust or confidence: Provided that where the Special Court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 (2 of 1974)." 49. Perusal of the order sheets, passed in this case, right from 4th July, 2016, when the charges were framed against the accused till the arguments were heard, reveals that the proceedings were never conducted in "camera". Even, while recording the evidence …
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… Amratha Kumar vs. State of Sikkim ill-health or advanced age or their failure to appear repeatedly. Under these circumstances, the Court was not helpless. It is for the purpose of overcoming the very situation that Section 284 of the Code of Criminal Procedure, 1973 (in short the "Cr.P.C.") has been provided enabling it to dispense with the attendance of a witness and issue commission for his examination. Discretion vested in the Court under Section 284 Cr.P.C. is required to be exercised in consideration of the gravity of the evidence to …
Questions about Section 284
What have the courts held on Section 284 of the Code of Criminal Procedure?
Sanjeeva Palan vs State of U.p. (11 Apr 2019) is the leading judgment on this section among those set out below: Provides for recording evidence of witnesses who are unable or unwilling to attend court through commission. The court held that the trial court failed to properly exercise its discretion under this section. Another 3 judgments on this section are set out below. They run from 2011 to 2019.
How do I find court cases under Section 284 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 284, section 284 CRPC, section 284 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Sanjeeva Palan vs State of U.p. (11 Apr 2019).
What should I read with Section 284 of the Code of Criminal Procedure, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 319 (When attendance of witness may be dispensed with and commission issued), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 284 of the Code of Criminal Procedure come into force?
Section 284 of the Code of Criminal Procedure, cited as CRPC 284, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.