Section 314 of CrPC : Section 314: Oral arguments and memorandum of arguments.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh is accused of theft and is undergoing trial in a criminal court. After presenting his evidence, Rajesh's lawyer, Mr. Sharma, wants to make sure the court understands their key arguments.
Application of Section 314:
- Oral Arguments: After presenting all evidence, Mr. Sharma addresses the court with concise oral arguments, summarizing why Rajesh should be acquitted based on the evidence presented.
- Memorandum of Arguments: Before concluding his oral arguments, Mr. Sharma submits a written memorandum to the court. This document clearly outlines the key points of their defense under distinct headings, such as "Lack of Evidence," "Alibi," and "Character Witnesses."
- Copy to Opposite Party: Mr. Sharma simultaneously provides a copy of this memorandum to the prosecutor, ensuring they are aware of the defense's arguments.
- No Adjournment: The court does not grant any adjournment for filing the written arguments since Mr. Sharma has already submitted them on time.
- Regulation of Arguments: If Mr. Sharma's oral arguments were too lengthy or irrelevant, the judge could have intervened to ensure they remained concise and pertinent to the case.
Example 2:
Scenario: Priya is facing charges of fraud. Her lawyer, Ms. Kapoor, has just finished presenting all the evidence in her defense.
**Application...
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