Power to Postpone or Adjourn Proceedings; Power to Issue Summons or Warrant; Power to Order Production of Documents
Court power to adjourn; summon additional witnesses; order document production at any trial stage
Legal Commentary
Explanation
Sections 309–311 govern the dynamics of trial proceedings — adjournment powers and supplementary witness powers. Section 309 is the anti-delay provision: once witness examination begins, it should continue day to day without adjournment unless specific recorded reasons justify it. This provision reflects the perennial concern about adjournments being used to protract trials. Section 311 is among the most powerful judicial tools in criminal procedure: the court can summon any person as a witness, or recall and re-examine any already-examined witness, at any stage of proceedings, if their evidence is 'essential to the just decision of the case.' This power overrides the normal adversarial limitation that parties control which witnesses are called — the court can independently call witnesses to ensure justice is done. Section 311 has been used to recall witnesses whose evidence was incomplete, to summon new witnesses whose relevance only became apparent mid-trial, and to examine documents that were overlooked.