WRITTEN STATEMENT IN CRIMINAL CASE

Tilak Marg Forum for Legal Questions Forums Criminal Law WRITTEN STATEMENT IN CRIMINAL CASE

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    • #1186

      Sir,

      on behalf of the accused for his defence written statement/counter can be filed in PVT Complaints cases…? or not…? under cr.p.c and NI act…?
      what is the procedure….?
      REGARDS,
      SRINIVAS

    • #1196

      If you are referring to a criminal trial, then under Section 314 of the Cr.P.C., on completion of evidence, written arguments may be submitted to the trial court. This section is reproduced below:

      314. 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.”

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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