Section 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the conduct of oral arguments and the submission of written memoranda during criminal proceedings. This provision aims to streamline court procedures, ensuring that arguments are presented concisely and are part of the official record.
📄 Text of Section 352, BNSS, 2023
352. Oral arguments and memorandum of arguments
Oral Arguments and Written Memorandum
Any party to a proceeding may, as soon as may be, after the close of their evidence, address concise oral arguments. Before concluding the oral arguments, the party may submit a written memorandum to the Court, setting forth concisely and under distinct headings, the arguments in support of their case. Every such memorandum shall form part of the record.
Furnishing a Copy to the Opposite Party
A copy of every such memorandum shall be simultaneously furnished to the opposite party.
Adjournment for Filing Written Arguments
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.
Regulation of Oral Arguments
The Court may, if it is of the opinion that the oral arguments are not concise or relevant, regulate such arguments.
⚖️ Purpose and Significance
Streamlining Court Proceedings: By allowing concise oral arguments and written memoranda, this section aims to expedite the conclusion of trials and hearings.
Ensuring Fairness: The requirement to furnish a copy of the memorandum to the opposite party ensures transparency and provides both parties an equal opportunity to respond.
Preventing Delays: Limiting adjournments for filing written arguments helps in reducing unnecessary delays in the judicial process.
Maintaining Relevance: Empowering the Court to regulate oral arguments ensures that only pertinent and concise points are presented, maintaining the focus of the proceedings
🔄 Comparison with the Code of Criminal Procedure (CrPC)
Section 352 of the BNSS closely mirrors Section 314 of the CrPC, 1973, with similar provisions regarding oral arguments, submission of memoranda, and the regulation of proceedings. The BNSS, however, may introduce specific nuances or procedural adjustments to align with contemporary legal standards and practices.
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