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.
Why this exists
This provision balances the right of both parties to present their case fully with the need to keep trials efficient and focused. It allows for both spoken persuasion and organised written argument, while preventing the argument stage from becoming another avenue for delay through repeated adjournments.
Common misconceptions
- Myth: A party has an automatic right to an adjournment just to prepare written arguments.
Fact: The law says no such adjournment should be granted unless the court records specific reasons why it is genuinely necessary.