Code – Section 352 BNSS
352. (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.
Explanation of Section 352 BNSS
Section 352 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) lays down the rules for presenting oral and written arguments during legal proceedings. It ensures a structured and time-efficient approach to case arguments, preventing unnecessary delays.
Key Provisions of Section 352 BNSS
- Right to Present Oral Arguments
- After closing evidence, parties may present concise oral arguments.
- The arguments should be clear and to the point.
- Written Memorandum of Arguments
- Before concluding oral arguments, a party may submit a memorandum listing key arguments.
- The document must be structured under distinct headings.
- It becomes part of the official case record.
- Copy to Opposing Party
- A copy of the written memorandum must be provided to the opposing party to ensure transparency.
- Limited Adjournments for Written Arguments
- Adjournments solely for filing written arguments are generally not allowed.
- However, the Court may grant an adjournment if it records valid reasons in writing.
- Court’s Authority to Regulate Arguments
- If oral arguments are lengthy or irrelevant, the Court can regulate them.
- This ensures efficiency and prevents unnecessary delays.
Illustrations
Example 1: Submitting a Written Memorandum
A lawyer, after finishing oral arguments in a criminal case, submits a well-structured memorandum summarizing key points under different headings. This document is shared with the opposing party and added to the case record.
Example 2: Court Denying Adjournment for Written Arguments
A party requests an adjournment to prepare written arguments, but the judge refuses since enough time was already given, and there are no exceptional reasons justifying the delay.
Example 3: Regulating Lengthy Oral Arguments
During a trial, an advocate continues making repetitive points. The Court, under Section 352(4), directs the advocate to be more concise.
Common Questions and Answers on Section 352 BNSS
1. Is submitting written arguments mandatory?
No, submitting written arguments is optional. A party may submit a memorandum to strengthen its case, but oral arguments alone are sufficient.
2. Can the Court reject oral arguments if they are too long?
Yes, under Section 352(4), the Court has the authority to regulate oral arguments if they are not concise or relevant.
3. Is an adjournment always denied for filing written arguments?
Not necessarily. The Court may grant an adjournment if it records valid reasons in writing.
4. Who receives a copy of the written memorandum?
The opposing party must receive a copy of the memorandum for fairness and transparency.
5. What happens if a lawyer refuses to keep oral arguments concise?
The Court can intervene and regulate the arguments to ensure efficiency in proceedings.
Conclusion
Section 352 BNSS promotes structured arguments, efficiency, and fairness in legal proceedings. It ensures that arguments remain concise while allowing for written submissions that strengthen a party’s case.
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