Bharatiya Nagarik Suraksha Sanhita, 2023

Section 324 BNSS - Adjournment of Proceeding

Section 324 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with adjournment of an inquiry, trial or other proceeding when a commission has been issued under Section 319 for examination of a witness.

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Text of Section 324 BNSS

324. Adjournment of proceeding. 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.

Meaning of Section 324 BNSS

Section 324 gives the Court or Magistrate procedural authority to postpone the pending inquiry, trial or other proceeding after a commission for examination of a witness has been issued under Section 319. The adjournment is linked to the time required to execute the commission and return it to the issuing Court or Magistrate.

The provision does not contemplate an open-ended adjournment. The adjournment is for a specified time, and that period should be reasonably sufficient for execution and return of the commission.

How Section 324 Works with Section 319 BNSS

Section 319 BNSS permits a Court or Magistrate, in the circumstances stated in that provision, to dispense with the personal attendance of a witness and issue a commission for examination of that witness. Section 324 addresses what may happen to the main proceeding while that commission is being carried out.

Accordingly, Section 324 is a supporting procedural provision. Its operation depends on a commission having first been issued under Section 319.

Key Points under Section 324 BNSS

  • A commission must have been issued under Section 319 BNSS.
  • The provision applies to an inquiry, trial or other proceeding.
  • The Court or Magistrate may adjourn the proceeding while the commission is executed.
  • The adjournment must be for a specified period.
  • The period should be reasonably sufficient for execution and return of the commission.
  • The purpose is procedural continuity while evidence is being obtained through commission.

Practical Effect

Where a witness is to be examined through a commission, the Court need not continue the main proceeding as though the commissioned evidence were already available. Section 324 enables the Court to fix a suitable adjourned date that allows the commission to be executed and returned.

Note: Section 324 concerns adjournment specifically in the context of a commission issued under Section 319. It should be read with the surrounding provisions governing execution of commissions, participation of parties and return of the commission.