N.K.Assumi (Advocate) 24 January 2012

Practice and procedure in arguments

Under Setion 234 CrPc: when the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused and his pleader shall be entitled to reply.

Provided that where any point of law is raised by the accused or by his pleader, the prosecution may with the permission of thre Judge make his submission, with regards to such point of law.

Does it mean that the Prosecution has to simply sum up his case on the facts only and after the point of law is raised by the accused or his pleader the prosecution makes his submission with the permission of the Court?

Supposing the Prosecution simply sum up his case without any point of law is it a proper sum up of his case? Should he waits for the accused or the pleader to raised the point of law and makes his submission on those point of law? What is the practice and procedure on this?

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(Guest)

This means that after the reply of the accused, prosecutor is not entitled to make any submissions at all unless a question of law is raised by the defense in its reply. Even in such cases prosecution has to seek the

permission of the court to make submissions after the reply of the accused. Thus if no question of law is raised by the accused in his reply, even with the permission of the court prosecution cannot make any submission after the reply of the accused.

Good point raised by you which had remained unnoticed. I will experiment with it at trial because as a general practice court is allowing the prosecution to make submission after the reply of the accused which from the query raised by you is noticed that it is prohibited in law.

N.K.Assumi (Advocate) 25 January 2012

In my present case at the time of arguments the prosecution simply submit the facts and the statements of the witnesses deposed in the witness box and said he is finished, he did not point out any exhibits in the court nor the law of evidence or the criminal procedure code but simply the facts that has come on records which looks like his opening address before framing of charge. I asked him again and again whether he has any more submission to be made and replied NO. Thereafter I have taken over the submission for the accused and completed the same on the facts pointing out the contardictions and discrepancies in the witnesses deposition and reserved my legal arguments for the next hearing. I am of the view that summing up by the prosecution has substantial body of law to be submitted in supprt of his allegations, and simply submitting the facts on records like his opening address is not enough.

Now, in my next arguments on law and after my conclusion, can he raised any point of law that hs not been submitted by me? Can he with the permission of the Court raised any question of Law not raised by me?