CrPC 309→BNSS 346

CrPC 309 to BNSS 346: Power to postpone or adjourn proceedings

Section 309 CrPC (1973) replaced by Section 346 BNSS (2023)

View CrPC Section 309 →View BNSS Section 346 →

CrPC 309 to BNSS 346 at a Glance

Section 309 CrPC (Power to postpone or adjourn proceedings) is now Section 346 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 309 to BNSS 346?

From 1 July 2024, Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 309 of the Code of Criminal Procedure, 1973, with the same heading. Section 346(1) BNSS reads continued from day-to-day basis where Section 309(1) CrPC read continued from day-to-day. The proviso to Section 346(1) BNSS names section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 where the proviso to Section 309(1) CrPC named section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code. The first proviso to Section 346(2) BNSS reads no Court shall remand where the first proviso to Section 309(2) CrPC read no Magistrate shall remand. The last proviso to Section 346(2) BNSS includes an item on not more than two adjournments, which Section 309(2) CrPC does not have, and reads advocate where Section 309(2) CrPC read pleader.

CrPC 309 vs BNSS 346: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section309346
HeadingPower to postpone or adjourn proceedingsSame
Sub-sections2 sub-sectionsSame

CrPC 309 and BNSS 346: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 309, CrPC 1973

309. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him. Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment; (c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be. Explanation 1.—If 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 by a remand, this is a reasonable cause for a remand. Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.
BNSS 2023 (in force)

Section 346, BNSS 2023

346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him: Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing; (c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for adjournment; (d) where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be. Explanation 1.—If 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 by a remand, this is a reasonable cause for a remand. Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.

When It Applies: CrPC 309 vs BNSS 346

Under CrPC 309
  1. Under Section 309(1) CrPC, in every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.
  2. Under the proviso to Section 309(1) CrPC, when the inquiry or trial relates to an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet.
  3. Under Section 309(2) CrPC, if the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody.
  4. Under the first proviso to Section 309(2) CrPC, no Magistrate shall remand an accused person to custody under Section 309 CrPC for a term exceeding fifteen days at a time.
  5. Under the second and third provisos to Section 309(2) CrPC, when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing, and no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.
  6. Under the last proviso to Section 309(2) CrPC, no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party, and the fact that the pleader of a party is engaged in another Court shall not be a ground for adjournment.
  7. Under the last proviso to Section 309(2) CrPC, where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.
Under BNSS 346
  1. Under Section 346(1) BNSS, in every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.
  2. Under the proviso to Section 346(1) BNSS, when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet.
  3. Under Section 346(2) BNSS, if the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody.
  4. Under the first proviso to Section 346(2) BNSS, no Court shall remand an accused person to custody under Section 346 BNSS for a term exceeding fifteen days at a time.
  5. Under the second and third provisos to Section 346(2) BNSS, when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing, and no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.
  6. Under the last proviso to Section 346(2) BNSS, no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party, and where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing.
  7. Under the last proviso to Section 346(2) BNSS, the fact that the advocate of a party is engaged in another Court shall not be a ground for adjournment, and where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.

Time Limits: CrPC 309 to BNSS 346

Under CrPC 309
  • Under Section 309(1) CrPC, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.Act text: “unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded”
  • Under the proviso to Section 309(1) CrPC, an inquiry or trial relating to an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code shall be completed within a period of two months from the date of filing of the charge sheet.Act text: “within a period of two months from the date of filing of the charge sheet”
  • Under the first proviso to Section 309(2) CrPC, no Magistrate shall remand an accused person to custody under Section 309 CrPC for a term exceeding fifteen days at a time.Act text: “for a term exceeding fifteen days at a time”
Under BNSS 346
  • Under Section 346(1) BNSS, the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.Act text: “unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded”
  • Under the proviso to Section 346(1) BNSS, an inquiry or trial relating to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be completed within a period of two months from the date of filing of the chargesheet.Act text: “within a period of two months from the date of filing of the chargesheet”
  • Under the first proviso to Section 346(2) BNSS, no Court shall remand an accused person to custody under Section 346 BNSS for a term exceeding fifteen days at a time.Act text: “for a term exceeding fifteen days at a time”

What CrPC 309 to BNSS 346 Means in Practice

From 1 July 2024, the provision on the power to postpone or adjourn proceedings is Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 309 of the Code of Criminal Procedure, 1973. The last proviso to Section 346(2) BNSS reads where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing.

FAQs: CrPC 309 to BNSS 346

Where is each sub-section of Section 309 CrPC found in Section 346 BNSS?▼

Section 309(1) CrPC is found in Section 346(1) BNSS and Section 309(2) CrPC in Section 346(2) BNSS, from 1 July 2024. Within the last proviso to Section 309(2) CrPC, the items lettered a, b and c are found in the last proviso to Section 346(2) BNSS as the items lettered a, c and d.

Which offences does the proviso to Section 346(1) BNSS name where the proviso to Section 309(1) CrPC named section 376 of the Indian Penal Code?▼

The proviso to Section 346(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 names an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023. The proviso to Section 309(1) of the Code of Criminal Procedure, 1973 named an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code. Both provisos refer to completion within a period of two months from the date of filing of the chargesheet.

Does Section 309(2) CrPC have the item on not more than two adjournments found in Section 346(2) BNSS?▼

No. Section 346(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 includes, in its last proviso, an item reading where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing. Section 309(2) of the Code of Criminal Procedure, 1973 has no such item.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·