Oral arguments and memorandum of arguments
Section 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with oral arguments and memorandum of arguments. 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 e The Act came into force on 01 Jul 2024.
(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.
Section 352, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 314 Oral arguments and memorandum of arguments Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Pothala Venkataramana vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 314, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court cannot undertake assessment of evidence in a petition under Section 482 CrPC. The power to quash criminal proceedings under Section 482 CrPC is limited to cases where proceedings are clearly without jurisdiction or constitute an abuse of process, and cannot be exercised on the basis of merit-based arguments or evidence assessment, which are matters for the trial court. Where a triable case exists based on the prosecution's allegations, the proceedings should not be quashed.
On this section: Court noted that the petition contents are written arguments meant for the Magistrate under this section, not for the High Court at the petition stage
-
Rajendra Prasad Pandey vs Parvat Kumar Mahapara
Decided under Code of Criminal Procedure 314, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused admits receipt of statutory notice in the memorandum of arguments filed under Section 314 CrPC, the argument regarding non-production of the statutory notice and acknowledgement becomes baseless. Additionally, when documentary evidence (receipts) presented by the accused contains material inconsistencies such as different ink, large gaps between signatures and writing, and missing essential details like cheque number and payment date, such evidence is deemed doubtful and cannot be relied upon to negate criminal liability under Section 138 of the Negotiable Instruments Act. The High Court will not interfere with a conviction recorded by the trial court and upheld by the appellate court unless there are substantial grounds to do so, and mere technical arguments regarding limitation and documentary evidence do not constitute such grounds.
On this section: Memorandum of arguments filed by the accused; the court used this document to establish that the applicant admitted receipt of the statutory notice
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 352
What have the courts held on Section 352 of the Bharatiya Nagarik Suraksha Sanhita?
Pothala Venkataramana vs The State of Andhra Pradesh (17 Nov 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 314, which this section replaced -- the court never mentioned this Act: Court noted that the petition contents are written arguments meant for the Magistrate under this section, not for the High Court at the petition stage. Another 1 judgment on this section is set out below. They run from 2009 to 2011.
How do I find court cases under Section 352 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 352, section 352 BNSS, section 352 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 352 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Pothala Venkataramana vs The State of Andhra Pradesh (17 Nov 2011).
What should I read with Section 352 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 314 (Oral arguments and memorandum of arguments), so the judgments decided under that provision are the case law on this one.
When did Section 352 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 352 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 352, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.