BNSS 346 — Power to postpone or adjourn proceedings.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) In every inquiry or trial the proceedings shall
be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the
Court  finds  the adjournment  of  the  same  beyond  the  following  day  to  be  necessary  for  reasons  to  be
recorded:
Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66,
section  67,  section  68,  section  70  or  section  71  of  the  Bharatiya Nyaya  Sanhita,  2023 (45  of  2023) the
inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or
advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for

reasons  to  be  recorded,  postpone  or adjourn  the  same  on  such terms  as  it  thinks  fit,  for  such  time  as  it
considers reasonable, and may by a warrant remand the accused if in custody:
Provided  that  no  Court  shall  remand  an  accused  person  to  custody  under  this section  for  a  term
exceeding fifteen days at a time:
Provided  further  that  when  witnesses  are  in  attendance,  no  adjournment  or postponement  shall  be
granted, without examining them, except for special reasons to be recorded in writing:
Provided also that no adjournment shall be granted for the purpose only of enabling the accused person
to show cause against the sentence proposed to be imposed on him:
Provided also that—
(a) no adjournment shall be granted at the request of a party, except where the circumstances are
beyond the control of that party;
(b)  where  the  circumstances  are  beyond the  control  of  a  party,  not  more  than two  adjournments
may be granted by the Court after hearing the objections of the other party and for the reasons to be
recorded in writing;
(c)  the  fact  that  the  advocate  of  a  party  is  engaged  in  another  Court,  shall  not  be a  ground  for
adjournment;
(d) where a witness is present in Court but a party or his advocate is not present or the party or his
advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may,
if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the
examination-in-chief or cross-examination of the witness, as the case may be.
Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have
committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a
reasonable cause for a remand.
Explanation 2.—The  terms  on  which  an  adjournment  or postponement  may  be  granted include,  in
appropriate cases, the payment of costs by the prosecution or the accused.

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