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Bare acts > Code of Criminal Procedure (Amendment) Act, 2008 > Section 21
 
 
  


21. Amendment of section 309. - In section 309 of the principal Act,-


(a) in sub-section (1), the following proviso shall be inserted, namely:- "Provided that when the inquiry or trial relates to an offence under sections 376 to 376D of the Indian Penal Code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of witnesses.";

(b) in sub-section (2), after the third proviso and before Explanation 1, the following proviso shall be inserted, namely:- "Provided also that- (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment; (c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.".

 
 

 

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