Can written arguments be submitted on completion of trial?

[Anonymous]

Trial against me is coming to an end. Prosecution witnesses has been examined and I also examined to defence witnesses. Now my case is to be listed for arguments. Can I submit written arguments in the trial court instead of arguing orally for long, since the judge may not remember all the oral arguments?

[Dr. Ashok Dhamija]

Section 314(1) of the Criminal Procedure Code provides as under:

“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.”

It is seen from the above provision that you can submit your written arguments at the conclusion of the evidence recording in the trial, and before concluding your oral arguments.

     

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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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