BNSS Section 346: Power to postpone or adjourn proceedings (2026)
The rule that a trial should run day to day, the power to postpone or adjourn, the fifteen-day remand cap, and the two-month target for certain offences, under Section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), with its mapping to the old Section 309 of the CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A criminal court can postpone or adjourn a case under Section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code in force since 1 July 2024. Section 346 replaced Section 309 of the Code of Criminal Procedure (CrPC). The default is still that an inquiry or trial runs day to day until the attending witnesses are examined, and any adjournment must be for reasons recorded in writing. If you still look up "section 309 CrPC", this is the provision you now need. This explainer sets out what Section 346 covers, the limits on adjournments, and how it maps to the old law. Last verified October 2026.
- New section: the power to postpone or adjourn is Section 346 of the BNSS, in force since 1 July 2024.
- Old section: it replaced Section 309 of the CrPC. The subject is the same.
- Default pace: a trial runs day to day until the attending witnesses are examined, unless reasons are recorded.
- Remand cap: any single remand to custody under this section cannot exceed fifteen days.
01Why the section number matters now
Section 309 of the CrPC was the provision on adjournments, and the main legal weapon against endless delay in criminal trials. Since 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and this power now sits in Section 346.
This matters in daily practice. An adjournment order, or an objection to a long remand, in a case on or after 1 July 2024 is argued under Section 346, not Section 309. Older matters keep the old number. The subject is the same: when a court may pause a case, and for how long.
02What Section 346 covers
Section 346 of the BNSS sets the default pace of a criminal case and the power to change it. In plain terms:
- Day-to-day trial: once a trial begins, it proceeds from day to day until all the witnesses in attendance have been examined, unless the court records reasons for an adjournment beyond the next day.
- Power to adjourn: after taking cognizance or starting the trial, the court may, for reasons to be recorded, postpone or adjourn the proceeding on terms it thinks fit.
- Remand: the court may remand the accused to custody while it does so.
Adjournment is the exception, not the norm
The design of Section 346 is that a trial keeps moving. An adjournment is allowed, but the court must record why, so delay is a reasoned choice, not a routine one.
03Limits on adjournment
Section 346 builds in several checks against misuse:
- Fifteen-day remand cap: a single remand to custody under this section cannot exceed fifteen days at a time.
- Examine present witnesses first: if witnesses are present, they should generally be examined before any adjournment, unless the court records special reasons in writing for not doing so.
- No adjournment only to answer a sentence: an adjournment cannot be granted merely to let the accused show cause against a proposed sentence.
- Two-month target: for certain offences, including offences under Sections 64 to 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023 (such as certain sexual offences), the inquiry or trial should be completed within two months from the date of filing the chargesheet.
The two-month target is a notable update. The old Section 309 tied a similar timeline to the sexual offences in the Indian Penal Code, and the BNSS points it at the matching offences in the new penal code.
04Old to new: CrPC 309 to BNSS 346
Section 309 of the CrPC is now Section 346 of the BNSS. The day-to-day rule, the power to adjourn for recorded reasons, and the fifteen-day remand cap are all carried over.
| Point | Old law (CrPC) | New law (BNSS) |
|---|---|---|
| Power to postpone or adjourn proceedings | Section 309 | Section 346 |
| Day-to-day trial default | Yes | Yes |
| Single remand cap | Fifteen days | Fifteen days |
| Two-month completion target | IPC sexual offences | BNS Sections 64 to 68, 70 and 71 |
So the backbone of the provision is unchanged. The main difference is the number and the updated cross-reference to the offences in the new penal code.
05Why the rule matters
Because the rule is carried over, case law on Section 309 of the CrPC still guides how Section 346 is read. The Supreme Court has repeatedly used Section 309 to stress that routine adjournments defeat justice and that a trial must be concluded without avoidable delay.
In practice, Section 346 is argued both ways. The prosecution and the court use it to resist delaying tactics. The defence uses it to insist on a fair chance to cross-examine and to challenge a long remand. The requirement to record reasons is the common thread, and it is often where an adjournment order is tested on appeal.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Delay and remand are everyday battlegrounds, and an adjournment order or a long custody often has to be weighed against how other courts have ruled. Claw carries 30 crore+ judgments and lets you track the cases, orders and hearings on adjournment and remand across 9,102 courts, benches and forums, with each search returning in under 5 seconds. You can pull how a High Court read Section 346 or the old Section 309, or follow a live matter by party or advocate name to see how its adjournments were handled.
Claw keeps customer case documents out of its AI model training, so your searches stay with you. Create a free Claw account to study how adjournments and remands have been decided, or to keep watch on a running trial. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- PRS Legislative Research (BNSS overview and CrPC comparison): prsindia.org
- Section 346, BNSS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 309 CrPC in the BNSS?
Section 309 of the CrPC, the power to postpone or adjourn proceedings, is now Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The day-to-day trial rule and the fifteen-day remand cap are carried over.
Must a trial run day to day under Section 346?
Yes, that is the default. Once a trial begins it proceeds from day to day until all the witnesses in attendance are examined, unless the court records reasons for an adjournment beyond the next day.
How long can a single remand be under Section 346?
A single remand to custody under this section cannot exceed fifteen days at a time. The court must record reasons for any adjournment and may remand the accused while the case is paused.
Can a case be adjourned just to answer a proposed sentence?
No. Section 346 says an adjournment cannot be granted only to let the accused show cause against a proposed sentence. Witnesses who are present should also generally be examined before any adjournment.
Is there a time limit to finish certain trials?
Yes. For certain offences, including offences under Sections 64 to 68, 70 and 71 of the Bharatiya Nyaya Sanhita, the inquiry or trial should be completed within two months from the date of filing the chargesheet.
Can I track adjournments in a case in Claw?
Yes. Claw lets you follow the orders and hearings in a matter, including its adjournments, by party or advocate name across 9,102 courts, benches and forums, with results in under 5 seconds. It researches and tracks the case, but it does not give legal advice.