284
284
When attendance of witness may be dispensed with and commission issued
Code of Criminal Procedure, 1973
Chapter XXIII Evidence in Inquiries and Trials
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCriminal ProcedureWitnessCommissionCourt Procedure
🗣️ Simple Explanation
What does this law say?
Section 284 of the CrPC says a court can allow a witness to skip attending court. This happens if getting the witness there is too difficult. The court can then use a commission to question the witness. This is a written set of questions. If the witness is the President, Vice-President, Governor, or Administrator, a commission must be issued.
Why does this law exist?
This law makes trials more efficient. It avoids unnecessary delays and costs. It ensures that important witnesses can still provide evidence. It balances convenience with the need for justice.
Real-life impact
Imagine a witness lives far away. This law allows the court to question them remotely. This saves time and money. It ensures the witness's testimony is still considered. This helps in a fair trial.
What happens if you break this law?
This section itself doesn't describe a crime. It describes court procedures. If the court doesn't follow the rules, it could affect the trial. This could lead to the evidence being questioned.
💡 Real Life Example
A witness lives abroad. It's too expensive to bring them to court. The court uses a commission to question them. This allows their testimony to be used. This helps in the case.
In a fraud case, the court needs to question the Governor. The court issues a commission. This allows the Governor's testimony to be taken. This ensures the trial proceeds fairly.
🛡️ KNOW YOUR RIGHTS
- •Understand that a court can use a commission to question a witness.
- •Know that this happens if attendance is too difficult.
- •Be aware that the President, VP, Governor, or Administrator must be questioned via commission.
- •Seek legal advice if you are a witness.
- •Ensure your rights are protected during the proceedings.
❓ FREQUENTLY ASKED QUESTIONS
Section 284 of the CrPC allows a court to use a commission to question a witness. This happens when getting the witness to court is too difficult. This saves time and money. It ensures that important witnesses can still provide evidence. This helps in a fair trial.
This section itself doesn't deal with bail. It deals with court procedures. The bailability of the offense depends on the specific crime. You should consult a lawyer to understand the bail process.
A commission is a written set of questions. It is used to question a witness who cannot attend court. The witness answers the questions. The answers are then used as evidence. This helps in a fair trial.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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