CRPCSection 309-311Verified

Power to Postpone or Adjourn Proceedings; Power to Issue Summons or Warrant; Power to Order Production of Documents

Court power to adjourn; summon additional witnesses; order document production at any trial stage

Legal Commentary

Section 309(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. Section 311: Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

Explanation

Sections 309–311 govern the dynamics of trial proceedings — adjournment powers and supplementary witness powers. Section 309 is the anti-delay provision: once witness examination begins, it should continue day to day without adjournment unless specific recorded reasons justify it. This provision reflects the perennial concern about adjournments being used to protract trials. Section 311 is among the most powerful judicial tools in criminal procedure: the court can summon any person as a witness, or recall and re-examine any already-examined witness, at any stage of proceedings, if their evidence is 'essential to the just decision of the case.' This power overrides the normal adversarial limitation that parties control which witnesses are called — the court can independently call witnesses to ensure justice is done. Section 311 has been used to recall witnesses whose evidence was incomplete, to summon new witnesses whose relevance only became apparent mid-trial, and to examine documents that were overlooked.

Related Topics

CrPC Section 309CrPC Section 311adjournment criminal court IndiaSection 311 additional witness Indiapower adjourn criminal court IndiaBNSS Section 346 adjournmentadditional witness criminal trial India

Quick Actions

COMPARE WITH BNS

Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections