Section 346 – Power to Postpone or Adjourn Proceedings

Introduction

Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power of the Court to postpone or adjourn criminal inquiries and trials.

The provision emphasises the day-to-day continuation of criminal proceedings and restricts unnecessary adjournments. It also prescribes specific conditions under which an adjournment may be granted and limits the period for which an accused may be remanded to custody under this section.

Section 346 substantially corresponds to Section 309 of the Code of Criminal Procedure, 1973.

Meaning of Section 346

Section 346 requires criminal inquiries and trials to proceed on a day-to-day basis until the witnesses who are present have been examined.

An adjournment beyond the following day should be granted only where the Court considers it necessary and records reasons for doing so.

The provision is intended to prevent unnecessary delays in criminal proceedings and ensure that trials are completed as efficiently as possible.

Section 346(1) – Day-to-Day Proceedings

Section 346(1) provides that in every inquiry or trial, the proceedings shall continue on a day-to-day basis until all the witnesses in attendance have been examined.

However, the Court may adjourn the matter beyond the following day if it considers such adjournment necessary.

The Court must record reasons for granting such an adjournment.

Special Time Limit for Certain Offences

Where the inquiry or trial relates to an offence under Sections 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023, the inquiry or trial shall be completed within two months from the date of filing of the chargesheet.

This provision places an express time limit on the completion of trials involving the specified offences.

Section 346(2) – Power to Postpone or Adjourn

After taking cognizance of an offence or after commencement of the trial, the Court may, where it considers it necessary or advisable, postpone the commencement of or adjourn an inquiry or trial.

The Court may do so:

• from time to time;
• for reasons to be recorded;
• on such terms as it considers appropriate; and
• for such period as it considers reasonable.

Where the accused is in custody, the Court may also remand the accused by warrant.

Limit on Remand

The Court cannot remand an accused person to custody under Section 346 for a period exceeding fifteen days at a time.

This places a specific restriction on the use of remand power while proceedings are being postponed or adjourned.

Adjournment When Witnesses Are Present

Where witnesses are in attendance, the Court should not grant an adjournment or postponement without examining them.

An exception is permitted where there are special reasons, which must be recorded in writing.

This provision is important because the presence of a witness should ordinarily be utilised rather than allowing the witness to return on another date unnecessarily.

Adjournment for Showing Cause Against Sentence

No adjournment shall be granted merely for the purpose of enabling the accused to show cause against the sentence proposed to be imposed.

The provision therefore prevents the sentencing stage from being unnecessarily delayed through repeated adjournments.

Adjournment at the Request of a Party

Section 346 further restricts adjournments sought by a party.

No adjournment shall be granted at the request of a party unless the circumstances are beyond the control of that party.

Therefore, a party cannot ordinarily seek an adjournment merely for convenience.

Maximum Two Adjournments in Certain Circumstances

Where circumstances beyond the control of a party justify an adjournment, not more than two adjournments may be granted by the Court.

Before granting such adjournments:

• the Court must hear the objections of the other party; and
• reasons must be recorded in writing.

This provision is intended to discourage repeated requests for adjournment.

Advocate Being Engaged in Another Court

The fact that an advocate representing a party is engaged in another Court shall not by itself be a ground for granting an adjournment.

This prevents the personal scheduling difficulties of an advocate from routinely delaying criminal proceedings.

Witness Present but Party or Advocate Absent

Where a witness is present in Court but:

• the party or their advocate is absent; or
• the party or advocate is present but 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 appropriate orders.

The Court may also dispense with:

• examination-in-chief; or
• cross-examination,

as the circumstances require.

This provision seeks to prevent the presence of a witness from being wasted merely because a party or advocate is unavailable or unprepared.

Explanation 1 – Reasonable Cause for Remand

Explanation 1 provides that where:

• 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 through remand,

this shall be considered a reasonable cause for remand.

Thus, the possibility of obtaining further evidence may constitute a reasonable ground for remanding the accused, subject to the other requirements of law.

Explanation 2 – Payment of Costs

Explanation 2 provides that the terms upon which an adjournment or postponement may be granted may include, in appropriate cases, payment of costs by:

• the prosecution; or
• the accused.

Therefore, the Court may impose costs as a condition while granting an adjournment or postponement where appropriate.

Object and Purpose

The main objectives of Section 346 are:

• to ensure speedy completion of criminal trials;
• to discourage unnecessary adjournments;
• to ensure that witnesses who are present are examined without avoidable delay;
• to require Courts to record reasons for unnecessary postponements;
• to restrict repeated adjournments;
• to prevent delays caused merely by the engagement of an advocate elsewhere;
• to regulate remand during adjourned proceedings; and
• to ensure efficient administration of criminal justice.

Important Features

Day-to-Day Trial

Criminal proceedings should ordinarily continue from day to day until the witnesses in attendance have been examined.

Reasons Must Be Recorded

Where an adjournment beyond the following day is considered necessary, the Court must record reasons.

Witnesses Should Be Examined

If witnesses are present, they should ordinarily be examined instead of postponing the matter.

Two-Adjournment Limit

Where circumstances beyond a party’s control justify an adjournment, not more than two adjournments may be granted under the specified provision.

Advocate’s Engagement Elsewhere

An advocate being engaged in another Court is not a sufficient ground for adjournment.

Remand

An accused cannot be remanded under this section for more than fifteen days at a time.

Example

Suppose a criminal trial is fixed for examination of three prosecution witnesses. All three witnesses are present in Court.

The Court should ordinarily examine the witnesses on that day rather than adjourn the matter.

If an adjournment beyond the following day becomes necessary, the Court must record the reasons for doing so.

If the accused’s advocate is engaged in another Court, that fact alone cannot be used as a ground for adjournment.

If the circumstances are beyond the control of the party and an adjournment is justified, the Court may grant it subject to the restrictions contained in Section 346.

Difference Between Postponement and Adjournment

Although the two terms are used together, they generally refer to delaying proceedings.

Postponement may involve delaying the commencement of proceedings to a later date.

Adjournment generally refers to suspending proceedings that have already commenced and continuing them on another date.

Section 346 regulates both forms of delay.

BNSS and CrPC

Section 346 BNSS substantially corresponds to Section 309 of the Code of Criminal Procedure, 1973.

The BNSS retains the basic principle of day-to-day proceedings but introduces specific restrictions concerning adjournments, including restrictions relating to requests by parties and the number of adjournments.

Relationship with Other Provisions

Section 346 should be understood along with the provisions of the BNSS dealing with:

• conduct of inquiries and trials;
• examination of witnesses;
• custody and remand of accused persons;
• framing and conduct of charges; and
• completion of criminal proceedings.

The provision operates as an important procedural safeguard against unnecessary delay during criminal trials.

Topic at a Glance

• Section: 346, BNSS, 2023
• Subject: Power to postpone or adjourn proceedings
• General rule: Proceedings should continue on a day-to-day basis
• Witnesses: Witnesses in attendance should ordinarily be examined
• Reasons: Reasons must be recorded for necessary adjournments beyond the following day
• Specified offences: Trial to be completed within two months from filing of chargesheet
• Remand: Maximum fifteen days at a time under this section
• Party-requested adjournment: Allowed only where circumstances are beyond the party’s control
• Maximum adjournments: Not more than two in the specified circumstances
• Advocate engaged elsewhere: Not a ground for adjournment
• Costs: May be imposed as a condition of adjournment
• Corresponding CrPC provision: Section 309, CrPC

Quick Revision

• Section 346 BNSS deals with postponement and adjournment of criminal proceedings.
• Proceedings should ordinarily continue on a day-to-day basis.
• Witnesses present in Court should ordinarily be examined.
• Reasons must be recorded when an adjournment beyond the following day is considered necessary.
• Trials involving specified BNS offences must be completed within two months from the filing of the chargesheet.
• An accused cannot be remanded under this section for more than fifteen days at a time.
• An adjournment at the request of a party is permitted only where circumstances are beyond that party’s control.
• Not more than two such adjournments may be granted in the circumstances specified by the section.
• An advocate being engaged in another Court is not a ground for adjournment.
• The Court may impose costs as a condition for granting an adjournment.
• Section 346 substantially corresponds to Section 309 of the CrPC.

ALSO READ: Section 345 – Trial of person not complying with conditions of pardon

Conclusion

Section 346 BNSS is intended to prevent unnecessary delay in criminal proceedings by requiring inquiries and trials to proceed on a day-to-day basis wherever possible. It places restrictions on adjournments, requires reasons to be recorded, protects the attendance of witnesses from being wasted, and regulates remand during postponed proceedings. The provision therefore seeks to balance the need for procedural fairness with the constitutional and institutional objective of speedy criminal justice.