Section 346 of BNSS : Section 346: Power to postpone or adjourn proceedings.

BNSS

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Explanation using Example

Example 1:

Rajesh is accused of theft under Section 64 of the Bharatiya Nyaya Sanhita, 2023. The chargesheet is filed on January 1, 2023. The court starts the trial on January 10, 2023. According to Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial must be completed within two months from the date of filing the chargesheet. Therefore, the court must conclude the trial by March 1, 2023. The court schedules daily hearings to ensure all witnesses are examined promptly. However, on January 20, 2023, a key witness falls ill and cannot attend the court. The court records the reason and adjourns the trial for three days, resuming on January 23, 2023. The trial is completed by February 28, 2023, within the stipulated two-month period.

Example 2:

Priya is accused of fraud under Section 65 of the Bharatiya Nyaya Sanhita, 2023. The trial begins, and the court schedules daily hearings. On the third day of the trial, Priya's lawyer requests an adjournment because he is engaged in another court. The court denies the request, stating that the engagement of the advocate in another court is not a valid ground for adjournment under Section 346. The trial continues, and all witnesses present are examined. Later, Priya's lawyer requests another adjournment due to unforeseen personal circumstances. The court grants the adjournment but records the reasons in writing and ensures that no more than two adjournments are granted for reasons beyond the control of the party. The trial proceeds without unnecessary delays, ensuring a fair and timely process.

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