Section 257 BNSS: Arguments (Formerly Section 234 CrPC)

Section 257 of Bharatiya Nagarik Suraksha Sanhita, 2023: Arguments

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:

Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.

Legal Commentary & Landmark Judgments: Section 257

Section 257 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the closing oral and written arguments in trials before the Court of Session.

Evidentiary Proof & Admissibility: Section 257 regulates closing arguments: when the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up their case and the accused or their pleader shall be entitled to reply.
Core Legal Standard: The proviso ensures that where any point of law is raised by the accused or their pleader, the prosecutor may, with the permission of the Judge, make their submissions with regard to such point of law.

Section 352 additionally authorizes both parties to submit concise written arguments.

Key Landmark Precedents:

Mohd. Hussain v. State (Govt. of NCT of Delhi) (2012) 2 SCC 584: The Supreme Court held that providing an effective opportunity of oral hearing and closing arguments through competent legal counsel is an essential facet of the constitutional right to a fair trial under Article 21.
Bashira v. State of U.P. (AIR 1968 SC 1313): Affirmed that a conviction passed without affording an opportunity to argue the defense case violates natural justice and is liable to be set aside.

Legal Commentary:

Section 257 marks the culmination of trial advocacy. Counsel must synthesize oral testimony, forensic reports, and legal precedents into a coherent narrative, systematically dismantling prosecution evidence on the standard of proof beyond reasonable doubt.