Chapter XXIV
Section 314 CrPC: Oral arguments and memorandum of arguments
New Law Update (2024)
Section 345 BNSS
TRIAL COURT
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 314(1)
This sub-section grants parties the fundamental right to present their final case through concise oral arguments and a written memorandum to the court once all evidence has been presented. This ensures every party has an opportunity to summarise their stance and arguments for the court’s consideration.
Section 314(3)
This crucial sub-section stipulates that generally, no adjournments should be granted merely for the purpose of filing written arguments. However, a court can grant an adjournment if it records specific reasons in writing, emphasizing the need for timely conclusion of trials.
Landmark Judgements
Narayan v. State of Maharashtra, 2018 (4) Mh. L. J. 270:
The Bombay High Court affirmed that Section 314 CrPC confers a valuable right upon parties to a proceeding to address concise oral arguments and submit a memorandum of arguments after the close of their evidence, which cannot be arbitrarily denied by the court.
Anil Kumar v. State of U.P. (2007) (2) Crimes 104 (All):
The Allahabad High Court highlighted the significance of the memorandum of arguments, stating that it forms an integral part of the record and is crucial for appellate courts to understand the arguments advanced by the parties at the trial stage.