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CrPC Section-309 - Power to postpone or adjourn proceedings

Description

  • Proceedings to Continue Daily:

    • In every inquiry or trial, the proceedings must continue day-to-day until all witnesses in attendance are examined, unless the Court finds it necessary to adjourn beyond the following day, with reasons to be recorded.
  • Time Limit for Certain Offenses (Rape-related):

    • For cases involving offenses under sections 376, 376A, 376B, 376C, or 376D of the Indian Penal Code (relating to sexual offenses), the inquiry or trial should, as far as possible, be completed within two months from the filing of the charge sheet.
  • Postponement or Adjournment of Proceedings:

    • If the Court finds it necessary or advisable to postpone or adjourn the inquiry or trial, it may do so with reasons recorded, and can remand the accused in custody, if applicable.
    • A Magistrate cannot remand an accused to custody for more than fifteen days at a time.
  • Adjournments When Witnesses Are Present:

    • When witnesses are in attendance, adjournments or postponements cannot be granted unless the Court records special reasons in writing.
    • No adjournment is allowed for merely enabling the accused to show cause against the proposed sentence.
  • Grounds for Adjournment:

    • No adjournment can be requested by a party unless the circumstances are beyond their control.
    • The fact that a pleader is engaged in another Court is not grounds for an adjournment.
    • If a witness is present but the party or their pleader is not ready to examine or cross-examine, the Court can record the witness’s statement and dispense with the examination-in-chief or cross-examination.
  • Reasonable Grounds for Remand:

    • If sufficient evidence has been obtained raising suspicion that the accused may have committed an offense, and further evidence may be obtained by remanding the accused, this is considered a reasonable cause for remand.
  • Terms for Adjournment/Postponement:

    • The Court may impose terms for adjournment or postponement, which may include the payment of costs by the prosecution or the accused in appropriate cases.
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