We heard you! Soon we are bringing you the biggest update yet with Updated & New acts, all Central and State acts, the Constitution of India, and a dedicated Mobile App! π
(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.
Download our fully-offline, High speed android app.- Click here