Section 352 BNSS: Oral arguments and memorandum of arguments

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 352 BNSS at a Glance

Section 352 BNSS deals with oral arguments and memorandum of arguments. It replaced Section 314 CrPC on 1 July 2024.

Was CrPC

Section 314 →

Section 352 BNSS Bare Act Text

(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.

Source: Section 352, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 352 BNSS in Simple Words

Section 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows any party to a proceeding, as soon as may be after the close of the evidence of that party, to address concise oral arguments.

Before concluding the oral arguments, if any, the party may submit a memorandum to the Court setting forth concisely and under distinct headings the arguments in support of the case of the party.

Every such memorandum shall form part of the record, and a copy shall be simultaneously furnished to the opposite party.

When Section 352 BNSS Applies

  • Under Section 352(1) BNSS, any party to a proceeding may, as soon as may be, after the close of the evidence of that party, address concise oral arguments.
  • The party 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 the case of the party. Every such memorandum shall form part of the record.
  • Under Section 352(2) BNSS, a copy of every such memorandum shall be simultaneously furnished to the opposite party.
  • Under Section 352(3) BNSS, 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.
  • Under Section 352(4) BNSS, the Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

Time Limits Under Section 352 BNSS

  • Oral arguments are addressed as soon as may be after the close of the evidence of the party.Act text: “as soon as may be, after the close of his evidence”
  • The memorandum is submitted before the party concludes the oral arguments, if any.Act text: “before he concludes the oral arguments, if any”

Example of Section 352 BNSS

In a trial, the accused, Aman, closes the evidence of Aman. As soon as may be after that, Aman addresses concise oral arguments. Before concluding the oral arguments, Aman submits a memorandum to the Court setting forth concisely and under distinct headings the arguments in support of the case of Aman. A copy of the memorandum is simultaneously furnished to the opposite party.

When Section 352 BNSS Does Not Apply

  • Section 352 BNSS speaks of oral arguments and a memorandum of arguments by a party. It does not deal with the power to examine the accused, the subject of Section 351 BNSS.
  • Section 352 BNSS speaks of arguments addressed by a party after the close of the evidence of that party. It does not deal with the judgment of acquittal or conviction, the subject of Section 258 BNSS.

Section 352 BNSS in the CrPC (Previous Law)

Section 352 BNSS replaced Section 314 CrPC from 1 July 2024.

Section 352 BNSS has the same heading as Section 314 CrPC, Oral arguments and memorandum of arguments, and the same text. Section 314(1) CrPC is found in Section 352(1) BNSS, Section 314(2) CrPC in Section 352(2) BNSS, Section 314(3) CrPC in Section 352(3) BNSS and Section 314(4) CrPC in Section 352(4) BNSS.

Each sub-section below names its own source.

FAQs on Section 352 BNSS

When may a party address oral arguments under Section 352 BNSS?▼

Any party to a proceeding may, as soon as may be, after the close of the evidence of that party, address concise oral arguments.

Can a party submit a memorandum of arguments under Section 352 BNSS?▼

Yes. Before concluding the oral arguments, if any, the party may submit a memorandum to the Court setting forth concisely and under distinct headings the arguments in support of the case of the party. Every such memorandum shall form part of the record, and a copy shall be simultaneously furnished to the opposite party.

Can the Court adjourn the proceedings for filing written arguments under Section 352 BNSS?▼

Section 352(3) BNSS says 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.

What changed from Section 314 CrPC to Section 352 BNSS from 1 July 2024?▼

Section 352 BNSS has the same heading and the same text as Section 314 CrPC. Section 314(1) CrPC is found in Section 352(1) BNSS, Section 314(2) CrPC in Section 352(2) BNSS, Section 314(3) CrPC in Section 352(3) BNSS and Section 314(4) CrPC in Section 352(4) BNSS.

Section 352 BNSS: Sub-sections Explained

Section 352(1) BNSS: Oral arguments and memorandum of arguments

▶

Bare Act Text

(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.

Previous Law

CrPC 314 → Section 352(1) BNSS

Section 352(2) BNSS: Oral arguments and memorandum of arguments

▶

Bare Act Text

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

Previous Law

CrPC 314(2) → Section 352(2) BNSS

Section 352(3) BNSS: Oral arguments and memorandum of arguments

▶

Bare Act Text

(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.

Previous Law

CrPC 314(3) → Section 352(3) BNSS

Section 352(4) BNSS: Oral arguments and memorandum of arguments

▶

Bare Act Text

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

Previous Law

CrPC 314(4) → Section 352(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·