The question (15 marks)
A criminal case against Deven is fixed today for the cross-examination of the second prosecution witness. Two days ago Deven met with a road accident, underwent surgery and is still in hospital, and his advocate is in any event appearing in another court. Advise the advocate on what may and may not be asked of the court, and draft the application to be filed. (15 marks)
MU Module II, adjournment in criminal matters; pack ch. 02, section 346 of the Bharatiya Nagarik Suraksha Sanhita 2023.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Public Notice, Adjournment, Vakalatnama and Domestic Violence of Drafting, Pleading and Conveyancing – I.
Authorities you will need
- Bharatiya Nagarik Suraksha Sanhita 2023, section 346, with its provisos and Explanation 2
- Bharatiya Nagarik Suraksha Sanhita 2023, section 228
- Bharatiya Nagarik Suraksha Sanhita 2023, section 531
- Code of Civil Procedure 1908, Order XVII, for the civil comparison
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.