Oral arguments and memorandum of arguments
Section 314 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 fur- nished 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 314, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 352 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 The repealed enactment still governs what happened while it was in force.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.
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.
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Rajendra Prasad Pandey vs Parvat Kumar Mahapara
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
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Pothala Venkataramana vs The State of Andhra Pradesh
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
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 314
What have the courts held on Section 314 of the Code of Criminal Procedure?
Rajendra Prasad Pandey vs Parvat Kumar Mahapara (04 Aug 2009) is the leading judgment on this section among those set out below: Memorandum of arguments filed by the accused; the court used this document to establish that the applicant admitted receipt of the statutory notice. Another 1 judgment on this section is set out below. They run from 2009 to 2011.
How do I find court cases under Section 314 of the Code of Criminal Procedure?
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: CRPC 314, section 314 CRPC, section 314 of the Code of Criminal Procedure. 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 Rajendra Prasad Pandey vs Parvat Kumar Mahapara (04 Aug 2009).
What should I read with Section 314 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 352 (Oral arguments and memorandum of arguments), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 314 of the Code of Criminal Procedure come into force?
Section 314 of the Code of Criminal Procedure, cited as CRPC 314, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
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- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.