Value/merits of evidences at the time of final arguments

Tilak Marg Forum for Legal Questions Forums Criminal Law Value/merits of evidences at the time of final arguments

Tagged: 

Viewing 1 reply thread
  • Author
    Posts
    • #3077

      Sir, Please suggest me that : At the time of final arguments in criminal case, will judge keep in view about the merits of case or just deliver his verdict on the basis of arguments made by the advocates from both sides? What if any advocate is not very good at debating but his case have full merits with proper documents/ evidences? I mean if in such case, the less-active advocate does not argue fully heartedly despite having a case of merits & good evidences shown/exhibited to the Court? In this case, will Judge only consider the final arguments not the merits and evidences? Can accused take part in this final arguments, if he find that his lawyer is not arguing properly? Please advice us because I know that we have merits and accurate evidences in our case, even these evidences are exhibited, but our advocate is not very good when it comes to debate/ arguments. Please suggest us any remedy if possible. Thanks in advance. You are working as a life saviour for the person who does not know very much.

    • #3094

      It is common sense that the judge will deliver his judgment on the basis of the whole evidence that has come on record during the trial, and not merely on the basis of the arguments made by lawyers at the time of the final arguments.

      Of course, the quality of the arguments made by the lawyer (at the time of the final arguments) will also count, because he can analyse the evidence and show the importance of such evidence. If you have a good lawyer arguing your case, he can properly explain what all evidence that is on record and what is the importance of each piece of the evidence in your favour.

      If you have engaged a lawyer, then you will not be allowed to argue in person as an accused. If you do not have confidence in your existing advocate, you can change him. Or else, if you feel confident to argue the case yourself, then you can discharge your advocate and appear in person, in which case the court will permit you to argue the case yourself at the time of the final arguments. Choice is yours.

           


      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.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

What can be done and what cannot be in a cross-examination?
Can a mobile phone screenshot be accepted as legal evidence in a case in India?
THE INDIAN EVIDENCE ACT - 2st Question
No call details record of complainant in the FIR/ charge sheet