Indian criminal procedure | Updated October 2026

Section 314 CrPC: Oral Arguments and Memorandum of Arguments - Section 352 BNSS

Section 314 of the Code of Criminal Procedure, 1973 governs how parties present concise oral submissions and written memoranda after evidence closes. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 352.

Current-law position: The BNSS came into force on 1 July 2024. Section 352 is the corresponding provision for oral arguments and memoranda in proceedings governed by the BNSS. Proceedings saved under the repeal-and-savings framework may continue under the CrPC, depending on the applicable transitional provisions.

Meaning and purpose of Section 314 CrPC

An oral argument is a party's spoken submission explaining how the evidence and applicable law support its case. A memorandum of arguments is a concise written summary, arranged under distinct headings, that is placed on the court record. The provision aims to make final submissions focused, fair and efficient.

Section 314 CrPC - statutory provisions

Sub-section (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 concluding 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. Every such memorandum forms part of the record.

Sub-section (2): A copy of every such memorandum must be simultaneously furnished to the opposite party.

Sub-section (3): No adjournment shall be granted for filing written arguments unless the Court considers it necessary and records reasons in writing.

Sub-section (4): The Court may regulate oral arguments if it considers them not concise or relevant.

Section 352 BNSS - corresponding current provision

Section 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Oral arguments and memorandum of arguments, carries forward the framework for concise oral submissions, written memoranda, supplying copies to the opposing party and controlling unnecessary adjournments. Consult the official enacted text for the precise wording applicable to a particular proceeding.

Issue	CrPC provision	BNSS provision
Oral and written arguments	Section 314	Section 352
Written memorandum becomes part of record	Section 314(1)	Section 352
Copy to opposite party	Section 314(2)	Section 352
Adjournment requires recorded reasons	Section 314(3)	Section 352
Court controls irrelevant or lengthy arguments	Section 314(4)	Section 352

Practical requirements for final arguments

Close of evidence: The party may address concise oral arguments as soon as practicable after its evidence closes, in accordance with the court's procedural directions.
Written memorandum: If submitted, the memorandum should identify the issues, supporting evidence and legal submissions under clear headings.
Simultaneous service: Provide a copy of the memorandum to the opposing party at the same time.
Adjournments: Do not assume additional time will be granted simply to file written arguments. The court must record reasons if it allows an adjournment for that purpose.
Relevance: The court may restrict repetitive, excessive or irrelevant oral submissions.

Illustrative example

After prosecution and defence evidence have concluded, defence counsel may make concise oral submissions and file a written memorandum identifying disputed facts, relevant testimony and legal authorities. A copy must be provided to the prosecution simultaneously. If counsel asks for an adjournment solely to prepare that memorandum, the court should grant it only where necessary and record its reasons.

Section 314 operates alongside the accused's opportunity to explain incriminating circumstances under Section 313 CrPC, and the rules governing adjournments under Section 309 CrPC. For the updated procedural framework, refer to the BNSS.

Official legal sources

India Code - official central legislation repository (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
Ministry of Home Affairs, Government of India - notifications and information on the new criminal laws.
e-Gazette of India - official Acts and commencement notifications.

Frequently asked questions

What is Section 314 CrPC?

Section 314 CrPC regulates oral arguments and written memoranda after the close of evidence in criminal proceedings.

What is the corresponding BNSS provision?

Section 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses oral arguments and memorandum of arguments.

Must a written memorandum be shared with the opposite party?

Yes. A copy of every such memorandum must be furnished simultaneously to the opposite party.

Can a hearing be adjourned to file written arguments?

An adjournment for filing written arguments is not ordinarily allowed unless the court considers it necessary and records reasons in writing.

Can the court restrict oral arguments?

Yes. The court may regulate oral arguments that it considers not concise or relevant.

Legal information only. Check the statute, commencement notifications, applicable transitional provisions and relevant court orders for the case at hand.