CrPC Section 314 — Oral arguments and memorandum of arguments

Summary

Sub-section (1) allows any party, as soon as possible after finishing presenting their evidence, to make concise oral arguments. A party may also submit a concise memorandum to the Court, organised under separate headings, setting out arguments supporting their case. The memorandum may be submitted before the party finishes oral arguments, if any, or when no oral arguments are made. Every such memorandum becomes part of the record.

Sub-section (2) requires a party to give the opposite party a copy of every memorandum at the same time it is submitted.

Sub-section (3) says the proceedings must not be adjourned to allow written arguments to be filed, unless the Court considers an adjournment necessary and records its reasons in writing.

Sub-section (4) allows the Court to regulate oral arguments if it considers them not concise or not relevant.

Official Text

(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

Old <-> New Code Mapping

• BNSS §352 — Oral arguments and memorandum of arguments