Code of Criminal Procedure Act, 1973
309.Power to postpone or adjourn proceedings.-
(1) In every inquiry or trial, the proceedings
shall be held as expeditiously as possible, and in particular, when the
examination of witnesses has once begun, the same shall be continued from day
to day until all the witnesses in attendance have been examined, unless the Court
finds the adjournment of the same beyond the following day to be necessary for
reasons to be recorded.
(2) If the Court, after taking cognizance of an offence, or commencement of
trial, finds it necessary or advisable to postpone the commencement of, or
adjourn, any inquiry or trial, it may, from time to time, for reasons to be
recorded, postpone or adjourn the same on such terms as it thinks fit, for such
time as it considers reasonable, and may by a warrant remand the accused if in
custody:
Provided that no Magistrate shall remand an accused person to custody
under this section for a term exceeding fifteen days at a time:
Provided furtherthat when witnesses are in attendance, no adjournment
or postponement shall be granted, without examining them, except for special
reasons to be recorded in writing.
Explanation 1.-If sufficient evidence has been obtained to raise a
suspicion that the accused may have committed an offence, and it appears likely
that further evidence may be obtained by a remand, this is a reasonable cause
for a remand.
Explanation 2.-The terms on which an adjournment or postponement may be
granted include, in appropriate cases, the payment of costs by the prosecution
or the accused.