Section 309 of CrPC : Section 309: Power To Postpone Or Adjourn Proceedings

Explanation using Example

Imagine a scenario where an individual is accused of a crime and is undergoing trial. As per Section 309 of the Code of Criminal Procedure, 1973, the court is required to conduct the trial on a day-to-day basis until all witnesses have been examined, unless a valid reason for adjournment is provided and recorded by the court.

For instance, in a case involving an offence under section 376 of the Indian Penal Code, the court aims to complete the trial within two months from the filing of the charge sheet, as mandated by the law. However, if key witnesses are not available or essential evidence is yet to be collected, the court may adjourn the trial while recording the reasons for such postponement.

In another example, if the defense lawyer is engaged in another court and cannot attend the trial, this alone is not a sufficient reason for adjournment. If witnesses are present and the lawyer is absent, the court may choose to record the witnesses' statements to avoid unnecessary delays.

Additionally, in states like Chhattisgarh and Maharashtra, state amendments to Section 309 have been made to include a broader range of offences and specify time frames within which trials for certain offences should be completed, reflecting local legislative priorities and concerns over judicial efficiency.