What Is BNSS Section 352?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 352: Oral arguments and memorandum of arguments.

(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.

Brefe Detail

Section 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures for oral arguments and the submission of memoranda during legal proceedings. Key points include:

• Parties may present concise oral arguments after their evidence.
• A memorandum summarizing arguments must be submitted and forms part of the court record.
• Copies of the memorandum must be provided to the opposing party.
• Adjournments for filing written arguments are not routinely granted unless deemed necessary by the Court.
• The Court has the authority to regulate oral arguments for relevance and conciseness.

Question & Answers

What can a party do after closing their evidence?

A party may address concise oral arguments and submit a memorandum to the Court outlining their arguments.

What must be included in the memorandum?

The memorandum should concisely set forth arguments in support of the case, organized under distinct headings.

Is a copy of the memorandum required to be shared?

Yes, a copy of every memorandum must be simultaneously furnished to the opposite party.

Can proceedings be adjourned for filing written arguments?

No adjournment shall be granted for this purpose unless the Court considers it necessary for specific reasons.

What can the Court do if the oral arguments are not concise or relevant?

The Court may regulate the oral arguments if they are deemed not concise or relevant.

Example

- Scenario: After presenting evidence, a plaintiff addresses the Court with oral arguments.

- Outcome: The plaintiff submits a memorandum summarizing their key points, which is shared with the defendant.

- Scenario: The Court finds that the oral arguments presented are lengthy and off-topic.

- Outcome: The Court intervenes to streamline the arguments, ensuring relevance and conciseness.

Summary

Section 352 establishes guidelines for oral arguments and the submission of memoranda in legal proceedings. It ensures that parties can present their cases clearly and efficiently while providing the Court with the necessary documentation to support their arguments. The Court retains the authority to maintain the relevance and conciseness of oral submissions.