Argument

Written arguments are submitted to the trial court, after completion of the evidence, as per the provisions of Section 314 Cr.P.C., which is reproduced as under:

                                                                                             

“314. Oral arguments and memorandum of arguments.—(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.”

 

There is no prescribed format for such written arguments. You can rely upon decided cases in these written arguments and mention a brief extract of the relevant legal principle decided in that case. If you so wish you can also provide copies of the relevant judgments reported in law journals on which you are relying.

 

 

You can quote opinion of the foreign writers who are experts in the field. Of course, you will have to show the relevant published book / opinion of such expert, if you want to rely on it.

shri ashok ji

      thanks for mail .the foreign writer has written a book on void and voidable cheque,he is from university of sydney .so to produce his book -is impossible,but to produce exract of book is easy.would the court allow so.

in cross exam the prosecution has either denied or in ambiguously replied.can such statements --which are contrary to allegation may me summed in 314 application ?

awaits yr guidance-thanks

Yes, it should be possible to submit the extract of the book, provided it is an authentic extract and if the court insists then you can show the book. However, my impression was that you wanted to show some foreign expert’s book on some scientific issue. For a legal issue, book of a foreign expert may or may not be relevant, since it may be in the context of the laws prevalent in that country. Each country has its own laws with their own nuances. It would be advisable to rely on Indian authorities in respect of Indian laws. There are plenty of Supreme Court and High Court judgments on various issues of law, relying upon them would be more advisable.

 

The answer to your second query is also yes. You can show all the contradictions in the prosecution version in your submissions.

 

 

thanks sir. in sec 464 ipc ,there example -C.it states A picks cheque fills rs 10000-it is forgery.is there case decided upon such stolen blank signed cheque. unfortunately , all such cases are where accused says -he delivered blank .my client says-a has obtained fraudulenty -cheque, as per sec 58 ni act. pl quote any ruling on sec 464 ipc example c.thanks