Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 346
This section deals with the continuation of inquiries or trials in a day-to-day manner, ensuring promptness and efficiency in the judicial process. It outlines the circumstances under which adjournments can be granted and the limitations placed on them.
Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 346
Explanation:
Sub-Section (1): This section mandates that inquiries or trials should proceed continuously until all present witnesses are examined. Adjournments beyond the next day are permissible only for compelling reasons, which must be recorded.
Special Time Limit for Certain Offences: For offenses under specific sections of the Bharatiya Nyaya Sanhita (BNSS), namely sections 64, 66, 67, 68, and 70, the inquiry or trial must be completed within two months from the chargesheet filing date.
Sub-Section (2): This sub-section provides for the postponement or adjournment of inquiries or trials when deemed necessary by the Court. Reasons for such actions must be documented. The Court may, based on its discretion, remand the accused into custody, but only for a maximum of fifteen days at a time.
Restrictions on Adjournment:
- Adjournments are prohibited when witnesses are present unless exceptional circumstances are noted in writing.
- Adjournment solely for the accused to contest a proposed sentence is not permitted.
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Adjournment at Party’s Request: Adjournment requests from parties are only granted when circumstances are beyond their control.
- A maximum of two adjournments can be granted under such circumstances, after hearing the opposing party and recording the reasons in writing.
- An advocate’s involvement in another court is not a valid reason for adjournment.
- If a witness is present, but the party or their advocate is absent or unprepared, the court can record the witness’s statement and proceed accordingly, potentially waiving examination-in-chief or cross-examination.
Illustration:
Imagine a case where a witness is present in court, but the accused’s lawyer is engaged in another matter. Despite the witness’s availability, the accused requests an adjournment. The court, considering the witness’s presence and the need for expeditious proceedings, might refuse the adjournment and proceed with examining the witness, even without the accused’s lawyer being present.
Common Questions and Answers:
- Q: What are the permissible reasons for adjourning an inquiry or trial?
- A: The court can adjourn if it finds it necessary or advisable for reasons to be recorded, such as the unavailability of a key witness, the need for further investigation, or any other compelling circumstance.
- Q: Can the court remand an accused person in custody for an unlimited period?
- A: No, the maximum remand period under this section is fifteen days at a time.
- Q: What happens if a party requests an adjournment for reasons beyond their control?
- A: The court may grant a maximum of two adjournments in such cases, with reasons documented, after hearing the other party’s objections.
- Q: Is an advocate’s engagement in another court a valid reason for adjournment?
- A: No, this is not a valid reason for adjournment.
