Legal Drafts

Understanding Time Petition (Section 344 CrPC) & Application Teamplate

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In the fast-paced environment of a criminal trial, there are often moments where one party is simply not ready to proceed. Whether a key witness is ill, a lawyer is tied up in another courtroom, or essential documents haven’t arrived, the law provides a procedural “pause button” known as a Time Petition.

In the Code of Criminal Procedure (CrPC), this is governed by Section 344.

What is a Time Petition?

Under Section 344 of the CrPC, a court has the power to postpone or adjourn proceedings if it finds that there is a “reasonable cause” to do so. While the law encourages speedy trials, it also recognizes that justice cannot be rushed if the parties are not prepared due to circumstances beyond their control.

Common Grounds for a Time Petition:

  • Absence of Counsel: The engaged lawyer is busy in a higher court or is unwell.
  • Witness Unavailability: A material witness has not appeared despite being summoned.
  • Awaiting Higher Court Orders: There is a stay order or a pending petition in a superior court (like the High Court) that affects the current case.
  • Document Preparation: More time is needed to examine the Case Diary or gather certified copies of evidence.

The Court’s Discretion

It is important to remember that an adjournment is not a right. The court will look at:

  1. The Reason: Is it genuine or just a “dilatory tactic” to delay the trial?
  2. The Stage of the Case: Courts are less likely to grant time if the case is at the final argument stage compared to the initial framing of charges.
  3. Costs: Under Section 344, the judge may grant the adjournment but order the requesting party to pay “costs” (a small fine) to the other side for wasting the court’s time.

Draft Template: Time Petition (Adjournment Application)

IN THE COURT OF [NAME OF THE COURT], AT [CITY] Case No. ____ of 2026

In the matter of: The State … Prosecution -Versus- [Accused Name] … Accused-Petitioner

PETITION FOR ADJOURNMENT UNDER SECTION 344 OF THE CrPC

The Petitioner most respectfully showeth:

  1. That the above-mentioned case is fixed for [mention stage, e.g., Examination of Witnesses/Hearing] today.
  2. That the learned Advocate for the Petitioner is suddenly indisposed and is unable to attend the Hon’ble Court today to conduct the case. [OR: That a key witness, namely (Name), is currently out of the station and could not be reached.]
  3. That the absence of the Petitioner’s counsel is neither intentional nor willful, but due to the circumstances mentioned above.
  4. That the Petitioner seeks a short adjournment of the matter to ensure a fair trial and to allow the defense to be properly presented.
  5. That no prejudice will be caused to the other side if a short date is granted.

Prayer: It is, therefore, prayed that your Honor may graciously be pleased to adjourn the hearing of the case and fix another date for the same, and for this act of kindness, the Petitioner shall ever pray.

Place: [City] Date: [Current Date]

[Signature] Advocate for the Petitioner

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