Section 289 CrPC: Adjournment of Proceedings – Code of Criminal Procedure

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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?

Also Read  IPC Section 102: Right of Private Defence of the Body - Commencement and Continuance

A: The court may proceed with the trial in the absence of the accused or issue a warrant for their arrest.

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