Introduction to Section 346 BNSS
Section 346 BNSS talks about the power of courts to postpone or adjourn trials or inquiries. This provision ensures that legal proceedings do not face unnecessary delays and that justice is delivered quickly and fairly. It sets rules for how and when adjournments can be granted and puts strict limits on remand periods. This section supports India’s larger aim of speedy justice and court efficiency.
What is BNSS Section 346 ?
BNSS Section 346 lays down the conditions for postponing or adjourning a case during trial or inquiry. It mandates that trials must continue daily until all present witnesses are examined, and limits adjournments to genuine situations. It allows only two adjournments per party if circumstances are beyond their control. Courts may remand the accused for up to 15 days at a time. Special provisions apply for offences under Sections 64 to 71, which must be completed within 2 months.
BNSS Section of 346 in Simple Points
1. Day-to-Day Proceedings Are Mandatory
Section 346 mandates that once a trial or inquiry begins, it should continue day-to-day without unnecessary interruptions. This is to ensure that all witnesses in attendance are examined without delay. Courts must record reasons if they adjourn the matter beyond the next day. This provision prevents case backlogs and enforces judicial discipline. Speedy trials are a core aspect of justice delivery, and this clause enforces it strongly.
2. Time Limit for Serious Offences
When the case relates to specific serious offences (like those under Sections 64 to 71 of BNS), it must be completed within two months from the filing of the charge sheet. This is particularly relevant in cases like rape, child sexual abuse, or crimes against women. It shows the law’s commitment to delivering timely justice to vulnerable victims and ensures sensitive cases are not delayed.
3. Remand Rules and Limits
The court can remand an accused to custody while postponing the trial, but only for a maximum of 15 days at a time. This ensures that undertrials are not kept in jail for extended periods without judicial review. If further evidence is expected, remand can be granted, but only with proper justification. The provision maintains a balance between investigation needs and the rights of the accused.
4. Strict Rules on Adjournments
Section 346 strictly restricts adjournments. No adjournment will be granted just because an advocate is busy in another court. Even if a party is genuinely unable to proceed, only two adjournments are allowed with written reasons. This discourages misuse of adjournment tactics by lawyers and ensures that cases are not stalled indefinitely.
5. Witness Handling During Absence of Advocates
If a witness is present but the party or advocate is absent or not ready, the court may record the witness’s statement and continue proceedings. This prevents valuable court time from being wasted. Courts have the power to pass orders allowing the case to move ahead even if the lawyer is not ready. This provision ensures that justice is not delayed due to procedural excuses.
346 BNSS Overview
BNSS Section 346 ensures that trials are conducted day-by-day, without unnecessary gaps, unless a valid reason is recorded by the court. It allows courts to postpone or adjourn proceedings, but only under strict guidelines. It also restricts the number of adjournments and remands, prevents abuse of adjournment rights, and includes time-bound trials for serious offences. This section aims to improve the pace of the justice system.
10 Key Points – BNSS 346
1. Day-to-Day Trial Mandate
BNSS Section 346 ensures that court proceedings continue on a day-to-day basis without unnecessary delays. The court must examine all available witnesses each day unless a specific reason is recorded for postponement. This rule helps ensure that trials move efficiently and prevent long gaps. However, the law allows delay only in exceptional and justified cases. For example, if a key witness is unavailable due to genuine reasons, the court may grant an adjournment. Otherwise, day-to-day progress is mandatory to uphold speedy justice.
2. Special Timeframe for Serious Offences
This section gives strict deadlines for trials related to serious offences like Sections 64 to 71 of the Bharatiya Nyaya Sanhita. These offences must be disposed of within two months from the date of the chargesheet filing. This timeline promotes urgency in dealing with heinous crimes like sexual offences or crimes against children. The two-month deadline ensures that victims receive timely justice and the accused are not left in prolonged legal limbo.
3. Postponement and Remand Powers
The court has the authority to postpone or adjourn a trial if necessary, but the reasons must be recorded in writing. If the accused is in custody, they can be remanded for up to 15 days at a time. The law also ensures that postponements are not misused and must be reasonable. Courts can take all suitable steps, including issuing warrants or imposing conditions for adjournment. This provision balances the rights of the accused with the need for judicial discipline.
4. Strict Conditions on Adjournments
BNSS 346 introduces strict rules to control adjournments. A party can seek adjournment only if the circumstances are beyond their control, and even then, only two adjournments are allowed. If witnesses are present, the court must record their statements unless a very special reason is given. This helps stop the common delay tactics used by parties or lawyers and encourages efficient use of court time and resources. The law also bars adjournments just to help the accused show cause for sentencing.
5. Advocate Engagement Not a Valid Reason
One of the most important rules under BNSS 346 is that if an advocate is busy in another court, it will not be accepted as a reason for adjournment. If a witness is present and the party or their lawyer is not ready to examine or cross-examine, the court may proceed without waiting. The judge can record the witness’s statement and move forward. This rule discourages unnecessary delays and ensures that the witness’s time is respected and that justice is not derailed due to lawyer unavailability.
6. Payment of Costs for Adjournment
The section also empowers courts to impose costs on either party (accused or prosecution) when they seek unnecessary adjournments. This serves as a deterrent and helps prevent misuse of the system. These costs are meant to compensate the opposing party for the waste of time and delay caused. It also makes both parties more responsible and careful about requesting adjournments. The courts can decide how much cost is reasonable in each case.
7. Presumption for Remand
Explanation 1 of this section states that if the court has some evidence suggesting the accused may be guilty and further proof might be collected, then remanding the accused is valid. This prevents the premature release of someone who may be dangerous or linked to the offence. It also gives police and prosecutors time to collect more information while maintaining judicial oversight. The goal is to ensure justice while preserving rights.
8. Importance of Witness Presence
If a witness is present, the court is expected to examine them immediately, without postponement. This avoids wasting the witness’s time and ensures the case does not get unnecessarily prolonged. Courts are instructed to avoid adjourning in such situations unless a strong and valid reason is recorded. This ensures timely evidence collection and prevents manipulation or forgetting of facts by witnesses over time.
9. Maximum Remand Period
Under this section, courts can remand an accused for no more than 15 days at one stretch. This means the person cannot be kept in custody without review for longer than two weeks. This rule protects the liberty of individuals and ensures that the court reviews the situation frequently. It also provides an opportunity for the accused to seek bail or challenge unnecessary delays in proceedings.
10. Balance Between Speed and Fairness
BNSS Section 346 balances efficient court functioning with fairness to both parties. It prevents adjournments as delay tactics while still allowing postponement if absolutely necessary. The section reflects a commitment to speedy trials, victim protection, and legal safeguards for the accused. It also guides the judiciary in maintaining case discipline while respecting everyone’s rights.
Example 1:
A theft case begins in a Magistrate court. The prosecution’s witness is present, but the defence lawyer seeks adjournment, stating he is in another court. The judge refuses and proceeds to record the witness’s statement under Section 346, as advocate engagement elsewhere is not a valid reason for delay.
Example 2:
In a rape case (covered under Section 64), the chargesheet is filed on May 1st. According to Section 346, the trial must be completed within two months, i.e., by July 1st. This ensures swift justice in serious cases.
BNSS Section 346 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 346 |
| Day-to-Day Proceedings | Trials must continue daily; all available witnesses must be examined. Adjournments require written reasons. |
| Timeline for Serious Offences | Cases under Sections 64–71 BNS must be completed within two months from the filing of the charge sheet. |
| Remand & Adjournment Rules | Remand allowed only for 15 days at a time; a party may get max two adjournments for valid reasons. |
| Witness Handling | If a witness is present but lawyer absent, the court may record their statement and proceed without delay. |
Why BNSS 346 Is Needed?
BNSS Section 346 is important because justice delayed is justice denied. Indian courts often face serious delays due to frequent and unnecessary adjournments. This section directly tackles this issue by limiting adjournments, mandating daily proceedings, and setting firm deadlines for trials in serious offences. It strengthens the judiciary’s responsibility to avoid pendency and helps victims get closure faster. The provision also protects the rights of undertrial prisoners by controlling remand periods. Overall, Section 346 is a powerful step toward making the Indian justice system faster, more efficient, and fair for everyone involved.
BNSS Section 346 FAQs
BNSS 346
Conclusion
BNSS Section 346 strengthens the justice system by mandating day-to-day trials, limiting adjournments, and setting a strict two-month deadline for serious offences. It prevents misuse of delays, protects witnesses’ time, and keeps courts accountable. With tight remand limits and firm rules against unnecessary adjournments, this section ensures faster, more disciplined, and fairer criminal proceedings.
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