Section 324 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 324 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 pertains to the adjournment of proceedings when a commission is issued to examine a witness, as per Section 319 of the same Act.
Text Summary of Section 324:
When a commission is issued to examine a witness under Section 319, the court may adjourn the proceedings for a period it considers reasonable. This adjournment is allowed to give enough time for the commission to be executed and returned.
Key Points:
Purpose: To facilitate the examination of witnesses who cannot appear in court in person (for example, due to being located far away or abroad).
Authority: The court has the discretion to pause the trial or hearing while the commission completes its work.
Limitation: The adjournment should not be indefinite; it must be only for a reasonable period required to complete the commission.
Example:
If a key witness is located in another city or country and cannot attend court physically, the judge may issue a commission to record the witness's statement. While the commission is being executed, the trial may be paused (adjourned) under Section 324 to await the completion of that process.
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