Section 324 BNSS: Adjournment of proceeding (Formerly Section 289 CrPC)

Section 324 of Bharatiya Nagarik Suraksha Sanhita, 2023: Adjournment of proceeding

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 324

Section 324 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 289 of the CrPC, 1973) provides for the adjournment of an inquiry or trial pending the execution and return of a commission.

Statutory Power of Adjournment: In every case in which a commission is issued, the inquiry, trial, or other proceeding may be adjourned for a specified period.
Reasonable Time Limitation: The adjournment must be for a specified time reasonably sufficient for the execution and return of the commission.
Judicial Monitoring: Prevents open-ended adjournments from stalling the main trial indefinitely.

Key Landmark Precedents:

Vinod Kumar v. State of Punjab, (2015) 3 SCC 220: The Supreme Court strongly condemned endless trial adjournments, emphasizing that statutory adjournments must be tightly controlled and monitored.
State of U.P. v. Shambhu Nath Singh, (2001) 4 SCC 667: Reiterated that adjournments under the Code must record compelling reasons and be granted for the shortest practicable duration.

Courtroom Practice & Strategic Litigation Guidance:

If the prosecution obtains a commission, insist that the trial court fix a strict returnable date under Section 324, opposing routine sine die adjournments.