Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 352
Code: Section 352(1) to (4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section of the BNSS deals with the procedure for oral arguments and written submissions in legal proceedings. It outlines the following:
- Right to Oral Arguments: Any party to a proceeding can present concise oral arguments after presenting their evidence.
- Memorandum of Arguments: Before concluding oral arguments, parties can submit a concise written memorandum summarizing their arguments, which becomes part of the court record.
- Copy to Opposite Party: A copy of the memorandum must be provided to the opposing party simultaneously.
- Adjournment for Written Arguments: The court can grant an adjournment for filing written arguments only in exceptional circumstances and must record the reasons in writing.
- Regulation of Oral Arguments: The court has the authority to regulate oral arguments if they are not concise or relevant.
Illustration:
In a case involving a contract dispute, after presenting their witnesses and evidence, both parties are allowed to address the court with their concise oral arguments. They can then submit a memorandum outlining their arguments, including legal precedents and factual analysis, for the court’s consideration.
Common Questions and Answers:
- Q: Can a party skip oral arguments and directly submit a memorandum?
A: No, the section requires parties to present oral arguments first, and then they can submit a memorandum. However, the oral arguments must be concise and relevant. - Q: Is it mandatory for both parties to submit a memorandum?
A: No, it is not mandatory. It is a right that parties can exercise, and not an obligation. - Q: Can the court refuse to accept a memorandum?
A: Yes, the court can refuse to accept a memorandum if it deems it irrelevant or does not follow the prescribed format.
