Section 289 CrPC: Adjournment of Proceedings
This section deals with the power of the court to adjourn proceedings in criminal cases.
1. State the Code:
Section 289 of the Code of Criminal Procedure, 1973
2. Explanation:
The court may adjourn proceedings in any criminal case for any just and sufficient reason. This includes:
- Absence of parties: If the accused or the prosecution witnesses are absent, the court may adjourn the proceedings.
- Need for further investigation: If the court feels the investigation needs further time, it can adjourn the proceedings.
- Availability of evidence: If evidence needs to be collected or examined, the court may adjourn proceedings.
- Legal arguments: If the court needs time to consider legal arguments, it can adjourn the proceedings.
The court must ensure that the adjournment is for a reasonable period and does not cause undue delay in the proceedings.
3. Illustration:
Suppose a witness is unwell and unable to attend court on a scheduled date. The court, considering the witness’s health and the importance of their testimony, may adjourn the proceedings to a later date when the witness can be present.
4. Common Questions & Answers:
Q: Can the accused request an adjournment?
A: Yes, the accused can request an adjournment for a valid reason, but the court has the final decision.
Q: How long can a court adjourn proceedings?
A: There is no fixed time limit, but the court must ensure that the adjournment is reasonable and does not unduly delay the proceedings.
Q: What happens if the accused fails to appear on an adjourned date?
A: The court may proceed with the trial in the absence of the accused or issue a warrant for their arrest.
