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ORAL ARGUMENT AND MEMORANDUM OF ARGUMENTS (SECTION 314)

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INTRODUCTION
Section 314 of the Criminal Procedure Code outlines the guidelines for oral arguments and written memorandums in legal proceedings. This section ensures that parties to a case can present their arguments in a clear and concise manner, facilitating a fair and efficient legal process.

THE 5 KEY POINTS OF SECTION 314:

  1. Concise Oral Arguments: Parties can present brief oral arguments after evidence is presented. This means that after all the evidence has been presented in court, the parties involved can summarize their arguments in a concise and clear manner. This helps to clarify their position and highlight the key points of their case.
  2. Written Memorandum: A written summary of arguments can be submitted to the court, becoming part of the official record. This written document, known as a memorandum, outlines the party's arguments in detail, providing a clear and structured summary of their case. The memorandum becomes part of the official court record, ensuring that all parties and the court have a clear understanding of the arguments presented.
  3. Share with Opposite Party: A copy of the memorandum must be shared with the opposing party. This ensures that both parties have access to the same information and can prepare their responses accordingly. This transparency promotes fairness and helps to prevent surprises or misunderstandings during the legal proceedings.
  4. Regulation of Arguments: The court can regulate oral arguments if they are not concise or relevant. This means that the court has the authority to intervene if oral arguments become too lengthy, repetitive, or irrelevant. The court can direct the parties to focus on the key points of their case, ensuring that the legal proceedings stay on track and move forward efficiently.
  5. Adjournments: 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. This means that the court will not typically grant a delay in the proceedings solely for the purpose of filing written arguments. However, the court may grant an adjournment if it considers it necessary to do so, and it must record its reasons for doing so in writing.

These five key points of Section 314 work together to promote clarity, concision, fairness, and efficiency in legal proceedings, helping to ensure that justice is served.

CONCLUSION
In summary, Section 314 promotes clarity and concision in legal arguments, enabling courts to make informed decisions. By allowing parties to present their cases in a structured and accessible way, this section supports the fair administration of justice.

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