Introduction
Section 324 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with adjournment of a criminal proceeding when a commission has been issued for the examination of a witness.
The provision allows the Court to postpone the inquiry, trial or other proceeding for a specified period so that the commission can be executed and returned.
Statutory Provision
Section 324 provides:
In every case in which a commission is issued under Section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
Thus, the provision specifically connects the adjournment of proceedings with the commission procedure under Section 319.
When Can the Proceeding Be Adjourned?
An adjournment under Section 324 may be granted when:
- a commission has been issued under Section 319; and
- additional time is required for the commission to be executed and returned to the Court.
The adjournment is therefore intended to facilitate the completion of the commission procedure.
Specified Period
The Court may adjourn the proceeding for a specified period.
The period should be reasonably sufficient for:
- execution of the commission; and
- return of the commission to the Court.
The provision does not contemplate an indefinite adjournment.
Purpose of the Provision
Section 324 serves a practical purpose. When a witness is being examined through a commission, the evidence cannot necessarily be obtained immediately.
The provision allows the main proceeding to be temporarily postponed so that the commission can be completed.
Its objectives include:
- facilitating examination of witnesses through commission;
- allowing sufficient time for execution of the commission;
- avoiding unnecessary interruption in the commission procedure;
- ensuring that the evidence can be returned to the Court; and
- enabling the main proceeding to continue after the commission is completed.
Example
Suppose a criminal trial is pending before a Court and an important witness is located outside the Court’s jurisdiction.
The Court issues a commission under Section 319 for recording the witness’s evidence.
Since the commission requires time to be executed and returned, the Court may adjourn the trial for a specified period reasonably sufficient for completion of the commission.
Once the commission and the evidence are returned, the proceeding may continue.
Relationship with Sections 319–323
Section 324 is the final procedural step in the immediate sequence concerning commissions:
Section 319
Deals with when attendance of a witness may be dispensed with and a commission issued.
Section 320
Deals with to whom the commission is issued.
Section 321
Deals with execution of the commission.
Section 322
Allows parties to examine witnesses.
Section 323
Deals with return of the completed commission.
Section 324
Allows the proceeding to be adjourned for a specified period to facilitate execution and return of the commission.
Important Point
The power under Section 324 is discretionary.
The provision says that the proceeding may be adjourned, rather than requiring an automatic adjournment every time a commission is issued.
The period of adjournment must also be reasonably sufficient for execution and return of the commission.
BNSS and CrPC
Section 324 BNSS corresponds to Section 289 of the Code of Criminal Procedure, 1973.
The provision has been substantially retained, with the reference to the commission provision updated from Section 284 CrPC to Section 319 BNSS.
Important Points
- Section 324: Adjournment of proceeding.
- It applies when a commission is issued under Section 319 BNSS.
- The inquiry, trial or other proceeding may be adjourned.
- The adjournment must be for a specified time.
- The period must be reasonably sufficient for execution and return of the commission.
- The provision facilitates the commission procedure.
- It does not require an automatic or indefinite adjournment.
- Section 324 corresponds to Section 289 CrPC.
Quick Revision
- Section: 324, BNSS, 2023
- Subject: Adjournment of proceeding
- Trigger: Commission issued under Section 319
- Authority: Court conducting the inquiry, trial or proceeding
- Power: May adjourn the proceeding
- Duration: Specified period
- Requirement: Period must be reasonably sufficient for execution and return of commission
- Corresponding CrPC provision: Section 289
ALSO READ: Section 322 – Parties may examine witnesses
Conclusion
Section 324 BNSS permits the Court to adjourn an inquiry, trial or other proceeding for a specified period when a commission has been issued for examination of a witness. The period of adjournment must be reasonably sufficient to allow the commission to be executed and returned, thereby ensuring that the commission procedure can be completed without disrupting the administration of justice.
