Section 309 CrPC: Power to postpone or adjourn proceedings

Code of Criminal Procedure, 1973

Section 309 CrPC at a Glance

Section 309 CrPC deals with power to postpone or adjourn proceedings. From 1 July 2024 it is replaced by Section 346 BNSS.

Now BNSS

Section 346 →

What Section 309 CrPC Says

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.

Source: Section 309, Code of Criminal Procedure, 1973

Section 309 CrPC in Simple Words

Section 309 of the Code of Criminal Procedure, 1973 deals with postponing or adjourning proceedings. In every inquiry or trial, the proceedings shall be continued from day-to-day 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 309(1) CrPC covers an inquiry or trial relating to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA or 376DB of the Indian Penal Code, 1860. That inquiry or trial shall be completed within two months, counted from the date on which the charge sheet is filed. Section 309(2) CrPC 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 309(2) CrPC says that no Magistrate 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 says that the pleader of a party being engaged in another Court is not a ground for adjournment.

The third clause covers a witness who is present in Court when the party or the pleader is absent. It also covers a witness present in Court when the party or the pleader 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 309 CrPC Applies

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.
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.
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.
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.
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.
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.
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.

Time Limits Under Section 309 CrPC

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”

Example of Section 309 CrPC

Ramesh is the accused in a trial in which witnesses are in attendance. 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. The Court finds it necessary to adjourn the trial and, for reasons to be recorded, adjourns the trial on such terms as it thinks fit. Under the first proviso to Section 309(2) CrPC, no Magistrate shall remand Ramesh to custody under Section 309 CrPC for a term exceeding fifteen days at a time.

When Section 309 CrPC Does Not Apply

Section 309(2) CrPC 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 310 CrPC covers under the heading Local inspection.
Section 309(1) CrPC speaks of the continuation of the proceedings in an inquiry or trial from day-to-day. It does not deal with the tender of pardon to an accomplice, which Section 306 CrPC covers under the heading Tender of pardon to accomplice.

Section 309 CrPC Under BNSS 346: What Changed

Section 309 CrPC is now covered under Section 346 BNSS.

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.

View detailed comparison (CrPC 309 vs BNSS 346) →

FAQs on Section 309 CrPC

For how long may an accused person be remanded to custody at a time under Section 309 CrPC?▼

Under the first proviso to Section 309(2) of the Code of Criminal Procedure, 1973, no Magistrate shall remand an accused person to custody under Section 309 CrPC for a term exceeding fifteen days at a time.

Within what period must an inquiry or trial under section 376 of the Indian Penal Code be completed under Section 309 CrPC?▼

Under the proviso to Section 309(1) of the Code of Criminal Procedure, 1973, 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.

Can an adjournment be granted at the request of a party under Section 309 CrPC?▼

Under the last proviso to Section 309(2) of the Code of Criminal Procedure, 1973, 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.

Where is Section 309 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 309(1) CrPC is found in Section 346(1) BNSS and Section 309(2) CrPC in Section 346(2) BNSS. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·