Section 346 BNSS: Power to postpone or adjourn proceedings
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 346 BNSS at a Glance
Section 346 BNSS deals with power to postpone or adjourn proceedings. It replaced Section 309 CrPC on 1 July 2024.
Section 346 BNSS Bare Act Text
(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.
Source: Section 346, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 346 BNSS in Simple Words
Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with postponing or adjourning proceedings. In every inquiry or trial, the proceedings shall be continued from day-to-day basis until every witness in attendance has been examined. The exception is where the Court finds that an adjournment beyond the following day is necessary, for reasons to be recorded. The proviso to Section 346(1) BNSS covers an inquiry or trial relating to an offence under sections 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023. That inquiry or trial shall be completed within two months, counted from the date on which the chargesheet is filed. Section 346(2) BNSS applies where the Court, after taking cognizance of an offence or after the commencement of trial, finds it necessary or advisable to postpone the start of, or adjourn, an inquiry or trial. The Court may then postpone or adjourn it, from time to time and for reasons recorded, on terms it thinks fit and for a time it considers reasonable. The Court may also remand the accused by a warrant, if the accused is in custody.
The first proviso to Section 346(2) BNSS says that no Court shall remand an accused person to custody under that provision for more than fifteen days at a time. The next proviso covers a day when witnesses are present: the Court shall not grant an adjournment or postponement without examining them, unless there are special reasons recorded in writing. A further proviso says that no adjournment shall be granted merely to let the accused person show cause against the sentence proposed to be imposed. The last proviso has several clauses. The first clause bars an adjournment sought by a party, unless the circumstances are beyond the control of that party. The second clause deals with circumstances beyond the control of a party: the Court may grant not more than two adjournments, and only after hearing the objections of the other party. The Court shall also record in writing the reasons for those adjournments. The third clause says that the advocate of a party being engaged in another Court is not a ground for adjournment.
The fourth clause covers a witness who is present in Court when the party or the advocate is absent. It also covers a witness present in Court when the party or the advocate is present but not ready to examine or cross-examine the witness. In that case the Court may, if it 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, as the case may be. Explanation 1 covers a case where sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence. If it also appears likely that further evidence may be obtained by a remand, that is a reasonable cause for a remand. Explanation 2 says that an adjournment or postponement may be granted on terms, and the terms can include, in appropriate cases, costs paid by the prosecution or by the accused.
When Section 346 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 346 BNSS
- 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”
Example of Section 346 BNSS
When Section 346 BNSS Does Not Apply
- Section 346(2) BNSS speaks of the postponement or adjournment of an inquiry or trial and the remand of the accused by a warrant if in custody. It does not deal with the inspection of a place by a Judge or Magistrate, which Section 347 BNSS covers under the heading Local inspection.
- Section 346(1) BNSS speaks of the continuation of the proceedings in an inquiry or trial from day-to-day basis. It does not deal with the tender of pardon to an accomplice, which Section 343 BNSS covers under the heading Tender of pardon to accomplice.
Section 346 BNSS in the CrPC (Previous Law)
Section 346 BNSS replaced Section 309 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 346 BNSS
For how long may an accused person be remanded to custody at a time under Section 346 BNSS?▼
Under the first proviso to Section 346(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no Court shall remand an accused person to custody under Section 346 BNSS for a term exceeding fifteen days at a time.
Within what period must an inquiry or trial under section 64 of the Bharatiya Nyaya Sanhita, 2023 be completed under Section 346 BNSS?▼
Under the proviso to Section 346(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
How many adjournments may be granted where the circumstances are beyond the control of a party under Section 346 BNSS?▼
Under the last proviso to Section 346(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
What changed from Section 309 CrPC to Section 346 BNSS from 1 July 2024?▼
From 1 July 2024, Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 309 of the Code of Criminal Procedure, 1973. The heading is the same. 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 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, and reads advocate where Section 309(2) CrPC read pleader.
Section 346 BNSS: Sub-sections Explained
Section 346(1) BNSS: Power to postpone or adjourn proceedings
▶
Bare Act Text
(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.
Section 346(2) BNSS: Power to postpone or adjourn proceedings
▶
Bare Act Text
(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.
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.
Have questions about Section 346 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·