Multiple choice

‘F’, a French National on a tourist visa to India was raped by a group of four boys, two days prior to her scheduled departure from India. FIR was registered on her statement and the offenders were charge-sheeted. On being summoned by the Court to depose as a witness during trial, she refused to come to India on the ground of fear and inconvenience. Which of the following options is most appropriate for the Trial Court?

  1. Issue non-bailable warrants against ‘F’ through Ministry of Home Affairs to compel appearance

  2. Initiate proceedings for punishment for non-attendance by ‘F’ under Section 350 Cr.P.C.

  3. Drop ‘F’ as a witness and acquit the accused persons

  4. Issue a Commission for examination of ‘F’
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Section 506 BNSS provides for using a Commission to examine witnesses who cannot attend court, including foreign witnesses. This is the appropriate remedy when a foreign victim is unable to appear due to fear and inconvenience. Non-bailable warrants or contempt proceedings are harsh remedies unsuitable in this situation, and acquittal would deny justice.

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