(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.
Bharatiya Nagarik Suraksha Sanhita
Section 352
Oral arguments and memorandum of arguments
⚡ Quick Answer Reference: Section 352 BNSS
- Provision: Section 352 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows parties in a proceeding to present concise oral arguments and submit a written memorandum of their arguments to the court, which becomes part of the record.
What does Section 352 of BNSS say?
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What does Section 352 of BNSS mean?
Plain English Explanation
This section allows parties in a proceeding to present concise oral arguments and submit a written memorandum of their arguments to the court, which becomes part of the record.
Practical Interpretation
In practice, this section ensures that parties can effectively present their case to the court in a clear and concise manner, both orally and in writing, facilitating a fair and efficient hearing process.
Core Legal Purpose
The core purpose is to streamline the presentation of arguments, ensuring they are concise, relevant, and properly documented, thereby aiding the court in making informed decisions.
- •The party must present their oral arguments after the close of their evidence.
- •A memorandum of arguments must be submitted to the court and a copy furnished to the opposite party.
- •The court has the discretion to regulate oral arguments if they are not concise or relevant.
- •An adjournment for filing written arguments may be granted if the court considers it necessary.
Practical Example of Section 352 BNSS
Rajesh, a plaintiff, concludes presenting his evidence in a case against Amit, the defendant. Following this, Rajesh addresses the court with concise oral arguments and submits a memorandum outlining his key points under distinct headings. A copy of this memorandum is given to Amit's legal team. The court reviews these arguments, ensuring they are relevant and concise, and proceeds with the hearing.
Frequently Asked Questions about Section 352 BNSS
Q: What is the punishment or consequence under Section 352 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any party in a proceeding, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is procedural in nature and does not deal with criminal offenses, thus it is neither bailable nor cognizable.
Common Questions about Section 352 BNSS
What is Section 352 of BNSS?
Section 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Oral arguments and memorandum of arguments". In plain terms: This section allows parties in a proceeding to present concise oral arguments and submit a written memorandum of their arguments to the court, which becomes part of the record.
What is the punishment under Section 352 of BNSS?
Section 352 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 352 of BNSS bailable or non-bailable?
Section 352 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 352 of BNSS?
The essential elements of Section 352 of BNSS are: The party must present their oral arguments after the close of their evidence.; A memorandum of arguments must be submitted to the court and a copy furnished to the opposite party.; The court has the discretion to regulate oral arguments if they are not concise or relevant..
Landmark Judgments under Section 352 BNSS
Sections commonly cited alongside Section 352
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