Section 234 CrPC: Arguments

Code of Criminal Procedure, 1973

Section 234 CrPC at a Glance

Section 234 CrPC deals with arguments. From 1 July 2024 it is replaced by Section 257 BNSS.

Now BNSS

Section 257 →

What Section 234 CrPC Says

234. Arguments

When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:

Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.

Source: Section 234, Code of Criminal Procedure, 1973

Section 234 CrPC in Simple Words

Section 234 of the Code of Criminal Procedure, 1973 is headed Arguments. The prosecutor shall sum up the prosecution case once the examination of the defence witnesses, if there are any, is complete.

The accused or the pleader of the accused is entitled to reply. The proviso deals with a point of law.

If the accused or the pleader raises one, the prosecution may make submissions on that point. The prosecution may do so only with the permission of the Judge.

When Section 234 CrPC Applies

  • The prosecutor shall sum up his case when the examination of the witnesses, if any, for the defence is complete.
  • The accused or the pleader of the accused shall be entitled to reply.
  • Where any point of law is raised by the accused or the pleader, the prosecution may, with the permission of the Judge, make submissions with regard to that point of law.

Example of Section 234 CrPC

Vikram is tried before a Judge, and the examination of the witnesses for the defence is complete. The prosecutor sums up the case, and Vikram or the pleader of Vikram replies. The pleader of Vikram raises a point of law. With the permission of the Judge, the prosecution makes submissions with regard to that point of law.

When Section 234 CrPC Does Not Apply

  • Section 234 CrPC speaks of the prosecutor summing up the case after the examination of the witnesses for the defence. It does not deal with the judgment in the case, which is the subject of Section 235 CrPC.
  • Section 234 CrPC speaks of a reply by the accused or the pleader. It does not deal with the order of acquittal where the Judge considers that there is no evidence that the accused committed the offence, which is the subject of Section 232 CrPC.

Section 234 CrPC Under BNSS 257: What Changed

Section 234 CrPC is now covered under Section 257 BNSS.

From 1 July 2024, Section 234 of the Code of Criminal Procedure, 1973 is found in Section 257 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Arguments. Section 257 BNSS reads advocate where Section 234 CrPC read pleader, in the main text and in the proviso. The rest of the text is the same.

View detailed comparison (CrPC 234 vs BNSS 257) →

FAQs on Section 234 CrPC

Who sums up the case under Section 234 CrPC?▼

The prosecutor shall sum up his case when the examination of the witnesses, if any, for the defence is complete.

Who is entitled to reply under Section 234 CrPC?▼

The accused or the pleader of the accused shall be entitled to reply after the prosecutor sums up the case.

What can the prosecution do under Section 234 CrPC if a point of law is raised?▼

Where any point of law is raised by the accused or the pleader, the prosecution may, with the permission of the Judge, make submissions with regard to that point of law.

Where is Section 234 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 234 CrPC has no sub-sections, and maps as a whole to Section 257 BNSS from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·