Section 314 CrPC: Oral arguments and memorandum of arguments

Code of Criminal Procedure, 1973

Section 314 CrPC at a Glance

Section 314 CrPC deals with oral arguments and memorandum of arguments. From 1 July 2024 it is replaced by Section 352 BNSS.

Now BNSS

Section 352 →

What Section 314 CrPC Says

314. Oral arguments and memorandum of arguments

(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 314, Code of Criminal Procedure, 1973

Section 314 CrPC in Simple Words

Section 314 of the Code of Criminal Procedure, 1973 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 314 CrPC Applies

  • Under Section 314(1) CrPC, 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 314(2) CrPC, a copy of every such memorandum shall be simultaneously furnished to the opposite party.
  • Under Section 314(3) CrPC, 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 314(4) CrPC, the Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

Time Limits Under Section 314 CrPC

  • 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 314 CrPC

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

When Section 314 CrPC Does Not Apply

  • Section 314 CrPC 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 313 CrPC.
  • Section 314 CrPC 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 235 CrPC.

Section 314 CrPC Under BNSS 352: What Changed

Section 314 CrPC is now covered under Section 352 BNSS.

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.

View detailed comparison (CrPC 314 vs BNSS 352) →

FAQs on Section 314 CrPC

When may a party address oral arguments under Section 314 CrPC?▼

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 314 CrPC?▼

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 314 CrPC?▼

Section 314(3) CrPC 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.

Where is Section 314 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·