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Bharatiya Nagarik Suraksha Sanhita

Section 324

Adjournment of proceeding

Quick Answer Reference: Section 324 BNSS

  • Provision: Section 324 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: has been commenced under this Sanhita.
  • Jurisdiction: India
  • Summary: This section allows for the adjournment of a case where a commission has been issued. The adjournment is for a specific time to allow for the execution and return of the commission.
Statutory Content

What does Section 324 of BNSS say?

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.

Indian StandardSection 324, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 324 (India)
Court Pleading StandardSection 324 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/324

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 324 of BNSS mean?

Plain English Explanation

This section allows for the adjournment of a case where a commission has been issued. The adjournment is for a specific time to allow for the execution and return of the commission.

Practical Interpretation

In practice, this section means that if a commission is issued to gather evidence or testimony, the court can delay the proceedings for a reasonable time to accommodate the commission's return.

Core Legal Purpose

The core purpose of this section is to ensure that the court has sufficient time to consider the evidence gathered by the commission before proceeding with the case.

Key Legal Elements
  • A commission is issued under section 319.
  • The inquiry, trial, or other proceeding may be adjourned.
  • The adjournment is for a specified time reasonably sufficient for the execution and return of the commission.
  • There is no specific limitation on the duration of the adjournment, as long as it is reasonably sufficient.
Practical Example

Practical Example of Section 324 BNSS

Rajesh, a complainant, has filed a case against Amit for alleged harassment. The court issues a commission under section 319 to gather evidence from Priya, a witness. The commission requires some time to execute and return. Under section 324, the court can adjourn the proceedings for a specified time, say 30 days, to allow the commission to complete its task. Once the commission returns, the court can proceed with the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 324 BNSS

Q: What is the punishment or consequence under Section 324 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a procedural provision related to the conduct of proceedings.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 324 BNSS

What is Section 324 of BNSS?

Section 324 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Adjournment of proceeding". In plain terms: This section allows for the adjournment of a case where a commission has been issued. The adjournment is for a specific time to allow for the execution and return of the commission.

What is the punishment under Section 324 of BNSS?

Section 324 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 324 of BNSS bailable or non-bailable?

Whether Section 324 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 324 of BNSS?

The essential elements of Section 324 of BNSS are: A commission is issued under section 319.; The inquiry, trial, or other proceeding may be adjourned.; The adjournment is for a specified time reasonably sufficient for the execution and return of the commission..

Landmark Case Laws

Landmark Judgments under Section 324 BNSS

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)