What Is BNSS Section 346?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 346: Power to Postpone or Adjourn Proceedings

(1) In every inquiry or trial, the proceedings shall be continued on a 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 66, section 67, section 68, and section 70 of the Bharatiya Nyaya Sanhita, 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 it 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.

Brief Detail

Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the authority of the court to postpone or adjourn proceedings during inquiries or trials. Key points include:

• Proceedings must continue daily until all witnesses are examined, unless a valid reason is recorded for adjournment.
• Trials for specific offences must be completed within two months from the filing of the chargesheet.
• The court may postpone proceedings for valid reasons and can remand the accused, but not for more than fifteen days at a time.
• Adjournments are limited and must be justified; the presence of witnesses is prioritized.

Question & Answers

What is the default procedure for inquiries or trials?

Proceedings shall continue on a day-to-day basis until all witnesses are examined.

What is the time limit for completing trials related to specific offences?

The inquiry or trial must be completed within two months from the date of filing the chargesheet.

Can the court remand an accused person?

Yes, but no Court shall remand an accused for more than fifteen days at a time.

What happens if witnesses are present during a trial?

No adjournment or postponement shall be granted without examining them, except for special reasons recorded in writing.

Under what circumstances can adjournments be granted?

Adjournments may be granted only if circumstances are beyond the control of a party and are limited to two times after hearing objections.

Is an advocate's engagement in another court a valid reason for adjournment?

No, the fact that an advocate is engaged elsewhere is not a valid ground for adjournment.

Example

- Scenario: A trial is ongoing, and all witnesses are present. One party requests an adjournment due to their advocate's unavailability.

- Outcome: The court will not grant the adjournment and will proceed to examine the witnesses.

- Scenario: A case is filed under section 66, and the chargesheet is submitted.

- Outcome: The trial must be completed within two months from the chargesheet filing date.

Summary

Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the postponement and adjournment of court proceedings. It emphasizes the need for timely completion of trials, particularly for specific offences, and outlines the circumstances under which adjournments may be granted, prioritizing the examination of witnesses and maintaining the integrity of the trial process.