Section 309 CrPC and Section 346 BNSS: Power to Postpone or Adjourn Proceedings
Criminal inquiries and trials are intended to proceed without unnecessary interruption. Section 309 of the Code of Criminal Procedure, 1973 (CrPC) governed adjournments under the earlier law. Its corresponding provision is Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024.
Meaning of postponement and adjournment
Postponement means deferring the commencement of an inquiry or trial. Adjournment means suspending a proceeding that has commenced and continuing it on a later date. The court must exercise these powers for legally sufficient reasons rather than as a routine accommodation.
Section 346 BNSS: Main legal requirements
1. Day-to-day examination of witnesses - Section 346(1)
In every inquiry or trial, proceedings should continue from day to day until witnesses in attendance have been examined. A court must record reasons if it finds it necessary to adjourn beyond the following day.
For inquiries or trials concerning offences under Sections 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023, the provision requires completion within two months from filing of the chargesheet. This is a statutory timeline, not an automatic rule that a delayed trial becomes void.
2. Reasons and duration - Section 346(2)
After cognizance or commencement of trial, the court may postpone or adjourn the matter where necessary or advisable, for a reasonable period and on appropriate terms. Reasons must be recorded. The court may issue a warrant remanding an accused already in custody, subject to the applicable legal limits.
3. Fifteen-day custody limit
Under this provision, no court may remand an accused to custody for more than fifteen days at a time. This concerns an individual remand order under Section 346 and should not be confused with the separate statutory framework governing investigation-stage remand or bail.
4. Witnesses present in court
When witnesses attend, the court should examine them rather than adjourn. Any postponement without examination requires special reasons recorded in writing.
5. Party-requested adjournments
- An adjournment requested by a party is permitted only where circumstances are beyond that party's control.
- Even then, not more than two adjournments may be granted on that ground, after hearing objections from the other party and recording reasons in writing.
- An advocate being engaged in another court is not a ground for adjournment.
- If a witness is present but a party or advocate is absent or unprepared, the court may record the statement and make appropriate orders regarding examination or cross-examination.
- No adjournment may be granted solely to enable the accused to show cause against a proposed sentence.
6. Explanations concerning remand and costs
Explanation 1: Where evidence creates a sufficient suspicion that the accused may have committed an offence and further evidence appears likely through remand, that may be reasonable cause for remand.
Explanation 2: Conditions of adjournment may include payment of costs by the prosecution or the accused, where appropriate.
Section 309 CrPC: Earlier provision
Section 309 CrPC required day-to-day proceedings, recorded reasons for postponement or adjournment, examination of witnesses who were present except for special reasons, and a maximum of fifteen days per Magistrate's remand order. It also restricted adjournments requested for reasons within a party's control and rejected counsel's engagement in another court as sufficient ground.
Its sexual-offence trial timeline referred to specified offences under the Indian Penal Code, 1860. The BNSS instead refers to the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023 and expressly provides the two-adjournment restriction in Section 346(2)(b).
Important distinctions
| Issue | Section 309 CrPC | Section 346 BNSS |
|---|---|---|
| Law | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Daily hearings | Day-to-day proceedings; reasons for longer adjournment | Continues the day-to-day rule |
| Specified sexual offences | References to IPC provisions | References to BNS Sections 64-68, 70 and 71 |
| Adjournments beyond a party's control | Restricted to such circumstances | Express ceiling of two, with objections heard and reasons recorded |
| Remand per order | Fifteen days for a Magistrate | Fifteen days for a court under this provision |
State amendments mentioned in the earlier CrPC text
State-specific amendments reproduced in the earlier version of this page are preserved below for historical reference. Their continuing operation after the BNSS came into force should not be assumed without checking the applicable state law, adaptation orders and savings provisions.
Chhattisgarh - Act 25 of 2015, Section 11
The amendment expanded the specified IPC offences in the proviso to Section 309(1), referring to Sections 354, 354A, 354B, 354C, 354D, 354E, 376, 376A, 376B, 376C, 376D, 376E, 376F, 509, 509A and 509B.
Maharashtra - Act 40 of 2018, Section 4
For inquiries or trials involving IPC Sections 332 or 353, the amendment stated that proceedings should, as far as possible, be completed within six months of filing the chargesheet.
Arunachal Pradesh - Act 3 of 2019, Section 18
The amendment changed the list of IPC sexual-offence provisions in Section 309(1), including references to Sections 376, 376A, 376AA, 376B, 376C, 376D and 376DA.
Legislative amendment history of CrPC Section 309
- Act 45 of 1978, Section 24, effective 18 December 1978: inserted a proviso.
- Act 5 of 2009, Section 21, effective 1 November 2010: added restrictions on adjournments.
- Act 13 of 2013, Section 21, effective 3 February 2013: substituted subsection (1).
- Act 22 of 2018, Section 16, effective 21 April 2018: amended the sexual-offence references.
Practical points for litigants and advocates
- Specify the genuine reason for seeking an adjournment and provide supporting material where possible.
- Explain why the circumstances were outside the party's control.
- Address any objections and request that the court record its reasons.
- Where a witness is present, prepare to proceed with examination or cross-examination.
- For a remanded accused, check the remand order, custody period and independently applicable bail rights.
Frequently asked questions
What is Section 309 CrPC?
Section 309 of the Code of Criminal Procedure, 1973 regulated postponement and adjournment of criminal inquiries and trials. Its corresponding provision in the BNSS is Section 346.
How many adjournments can a party obtain under BNSS Section 346?
Where circumstances are beyond the control of a party, the court may grant not more than two adjournments after hearing the other party and recording reasons. This does not mean two automatic adjournments.
Can an advocate's engagement in another court justify adjournment?
No. Section 346(2)(c) expressly states that an advocate being engaged in another court is not a ground for adjournment.
Can the court remand an accused during an adjournment?
The court may remand an accused in custody by warrant, subject to the statutory restriction of no more than fifteen days at a time under this provision and other applicable safeguards.
What happens when a witness is present but counsel is absent?
The court may proceed to record the witness statement and make appropriate orders dispensing with examination-in-chief or cross-examination, as the circumstances and law permit.
Official legislation and further reading
- India Code - official central legislation database (search for the BNSS, 2023, Section 346 and the CrPC, 1973, Section 309).
- BNSS, 2023 - Gazette text hosted by the Rajasthan Government (PDF).
- Bureau of Police Research and Development - new criminal laws resources.
- Section 306 CrPC - Tender of pardon to accomplice and Section 310 CrPC - Local inspection.
Legal information for general reference, updated 18 October 2026. The court's order, applicable legislation and jurisdiction-specific amendments govern an individual case.