CrPC Section 309
Section 309 of the Code of Criminal Procedure (CrPC), 1973 (India):
📜 Section 309 CrPC – Power to postpone or adjourn proceedings
Text (Simplified)
A trial once started should be continued on a day-to-day basis until all witnesses in attendance are examined, unless the court finds special reasons to adjourn.
The court has the power to postpone or adjourn proceedings at any stage, but:
It must record reasons in writing.
No adjournment should be for more than 15 days at a time.
Adjournment should not be granted merely because the advocate is absent or not ready.
Courts must avoid unnecessary delay.
✅ Key Highlights:
Mandatory day-to-day trial (especially after it has begun).
Adjournments allowed, but:
Only if necessary, and
Reasons must be recorded.
Limit on adjournments:
Max 15 days at a time.
Lawyers' absence or unpreparedness is not a valid excuse for repeated adjournments.
Special provisions apply in cases involving victims under 18 years (e.g. child sexual abuse cases), requiring expeditious trials.
⚖️ Objective:
To ensure speedy justice and prevent unnecessary delays in trials.
To discourage the misuse of adjournments as a tactic to stall proceedings.
🧑⚖️ Judicial Interpretation:
Courts have repeatedly held that:
Frequent adjournments defeat the purpose of justice.
The provision must be strictly followed, especially in cases of serious crimes.
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