Q: What is the power to postpone or adjourn proceedings under Criminal Procedure?

A:        Power to postpone or adjourn proceedings:

(1)    If, from the absence of a witness, or any other reasonable cause, it becomes necessary-or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefore, from time to time, 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,

Remand: Provided no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.

(2)     Every order made under this section by a Court other than a High Court shall be in writing signed by the presiding Judge or Magistrate.

Explanation Reasonable cause for remand:

 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.

 

                                                                              This FAQ is prepared by Sadia Saman Advocate