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After taking cognizance, a court adjourns an inquiry or trial and remands an accused who is already in…

Section 346(2) permits the court, after taking cognizance or after trial begins, to postpone or adjourn an inquiry or trial for recorded reasons and by warrant remand an…

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After taking cognizance, a court adjourns an inquiry or trial and remands an accused who is already in custody. Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises that remand?

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Correct answer D

Section 346(2) permits the court, after taking cognizance or after trial begins, to postpone or adjourn an inquiry or trial for recorded reasons and by warrant remand an accused already in custody. Its first proviso limits remand under that section to fifteen days at a time for any court. Section 187 is the distinct investigation-stage power. Under the corresponding provisions of the Code of Criminal Procedure, the Supreme Court distinguished a person newly arrested in further investigation after cognizance from an accused already before the court in custody (State through CBI v. Dawood Ibrahim Kaskar, (2000) 10 SCC 438).

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Option A

Incorrect. Section 187(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 167(1) of the CrPC, 1973) deals with forwarding the accused and case diary entries to a Magistrate when investigation cannot be completed within twenty-four hours.

Option B

Incorrect. Section 187(2) governs investigation-stage detention, as distinct from an adjournment remand of an accused already before the court in custody.

Option C

Incorrect. Section 346(1) generally requires proceedings to continue day to day until the witnesses in attendance have been examined, subject to recorded reasons for a longer adjournment. The remand power is in subsection (2).

Option D

Correct. Under Section 346(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 309(2) of the CrPC, 1973), if the Court, after taking cognizance of an offence or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may from time to time, for reasons to be recorded, postpone or adjourn the same and may by a warrant remand the accused if in custody.

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