CrPC Section 314
Section 314 of the Criminal Procedure Code (CrPC), 1973:
🔹 Section 314 CrPC – Oral arguments and memorandum of arguments
📜 Bare Provision (Simplified):
After evidence is closed in a trial,
The prosecution and defence are entitled to present oral arguments.
If any party submits written arguments, a copy must be given to the other party and to the court.
The court may also require parties to submit a written memorandum of arguments.
Written arguments become part of the record.
🔍 Key Points:
Stage of Application:
Comes after the conclusion of evidence (i.e., after witnesses and cross-examinations are done).
Before the final judgment.
Right to Argue:
Both prosecution and defence have the statutory right to make oral submissions.
Encourages fair hearing before the court decides.
Written Arguments:
Optional, but once submitted, must be:
Shared with the opposite party.
Part of the official court record.
Useful for complex legal arguments or factual summaries.
Court's Power:
The court may ask either side to file a memorandum of arguments (in writing).
This helps in clarity, precision, and future reference during judgment.
📌 Purpose of Section 314:
Ensures transparency and fairness in trial.
Allows both sides to summarize and emphasize key points.
Provides the judge a clear written brief to consider before delivering the judgment.
🧾 Example:
In a criminal trial for cheating under IPC Section 420:
After all witnesses have been examined and cross-examined,
The prosecution and defence may give oral arguments.
The defence may also file written arguments highlighting contradictions in prosecution evidence.
These are shared and made part of the record under Section 314.
RELATED Blog
0 comments