CrPC Section 289: Adjournment of Proceeding and BNSS Section 324
Section 289 of the Code of Criminal Procedure, 1973 permitted a court to adjourn an inquiry, trial or other proceeding while a commission for examining a witness was executed and returned. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 324.
Text of Section 289 of the CrPC, 1973
289. Adjournment of proceeding. In every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
Meaning and purpose of CrPC Section 289
A commission is a judicial mechanism by which evidence of a witness may be recorded through an authorised court or officer when requiring the witness to attend personally would be inappropriate or impracticable under the applicable statutory conditions. Section 284 CrPC governed the circumstances in which attendance could be dispensed with and a commission issued.
Section 289 addressed the practical delay caused by that process. The court could pause the proceeding for a specified, reasonable period so that the witness could be examined and the commission and deposition returned. The word "may" indicates a discretionary power, not an automatic entitlement to an adjournment.
Corresponding current law: Section 324 BNSS, 2023
Section 324 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Adjournment of proceeding" and provides:
324. Adjournment of proceeding. 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.
The substance of the provision is retained, while the cross-reference for issuing a commission changes from Section 284 CrPC to Section 319 BNSS. Section 319 BNSS concerns when a witness's attendance may be dispensed with and a commission issued.
Conditions and practical application
- Commission must be issued: The provision operates where a commission has been issued under the relevant statutory section.
- Adjournment is discretionary: The court decides whether an adjournment is necessary in the circumstances.
- Specified duration: Any adjournment under this provision should be for an identified period rather than an indefinite suspension.
- Reasonable time: The period should be sufficient for execution and return of the commission, without avoidable delay.
- Proceedings covered: The provision expressly includes an inquiry, trial or other proceeding.
Example of adjournment for a witness commission
Suppose a material witness is unable to appear personally before the trial court and the court issues a commission under Section 319 BNSS. The court may adjourn the trial for a reasonable specified period to enable the appointed authority to record the witness's evidence and return the commission. The court may then continue the proceeding in accordance with the applicable rules of evidence and procedure.
Related provisions
Section 319 BNSS deals with dispensing with the attendance of a witness and issuing a commission; Section 321 BNSS concerns execution of commissions; Section 322 BNSS deals with participation by parties in witness examination; and Section 323 BNSS regulates the return of a commission. These provisions should be read together with Section 324.
For older matters, the corresponding CrPC provisions include Sections 284 to 289. General adjournment powers under Section 346 BNSS (formerly Section 309 CrPC) are distinct from the specific commission-related adjournment addressed here.
Does Section 289 CrPC still apply?
Section 531 BNSS repeals the CrPC while preserving specified pending appeals, applications, trials, inquiries and investigations existing immediately before the BNSS commenced. Such proceedings may continue under the earlier Code according to the savings provision. It is therefore important to examine the date, nature and procedural status of the particular matter rather than assume that every case now follows the BNSS.
Official statutory references
Consult the India Code official legislation portal for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The Bureau of Police Research and Development BNSS reference PDF also provides the new provisions and comparative references. For the applicable text, commencement notifications and subsequent amendments, verify the official legislation and Gazette records.
Frequently asked questions
What is Section 289 CrPC?
It allowed a court to adjourn an inquiry, trial or other proceeding for a specified reasonable period when a commission was issued under Section 284 CrPC.
Which BNSS section corresponds to Section 289 CrPC?
Section 324 BNSS, 2023, titled "Adjournment of proceeding".
Is an adjournment mandatory after a commission is issued?
No. The statute uses the word "may", giving the court discretion to adjourn where appropriate.
How long can the court adjourn the proceeding?
The statute does not prescribe a fixed number of days. It requires a specified period reasonably sufficient for the commission to be executed and returned.
Disclaimer: This article provides general legal information, not advice on any specific case. Verify current statutory text and seek professional advice where required.