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In legal proceedings, evidence is produced to back up the arguments in a court of law. The burden of proof rests on the state to establish guilt beyond a reasonable doubt, and the defendant must offer evidence to refute the prosecution's case. Before the trial, each side should have the chance to evaluate the other side's evidence and raise objections to the introduction of certain evidence either beforehand or during the trial.

Trial-Before-Commission

The CrPC's evidentiary regulations are applicable across all of India (except a few areas). Subject to a few restrictions, the regulations included in this have a broad scope and are also applicable to witnesses from other countries.

When the judge or the magistrate determines during the investigation or the trial that the presence of the witness is required for the proper administration of justice but that their attendance would cause undue delays and costs, the court may waive their presence, in which case it will issue a commission to ensure the witness's examination in accordance with the provisions of this code.

Additionally, a commission for such an investigation must be granted if it's essential for the proper administration of justice to question the president and vice president, the governor of the state, or the administrators of the union territory.

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