You cannot produce any documents or lead any evidence during arguments 

don’t complicate the issue 

trust your lawyer 

During argument only those evidences which were exhibited is to be considered by court.

During cross examination of your wife the evidences through her could have been tendered and formally proved. 

Burden of proof is prosecution to prove allegations made in complaint 

lawyer is your best guide to fight the case 

Hi,

See Sec. 313 CrPC is with regard to examination of accused. The examination of accused will be done at the beginning stage of the case after completion of appearances. The Trial will be started later. 

If you want to produce evidence, you can produce all the documents which are in your favour at the time of trial. 

For your understanding if the trial is completed the case will be posted for hearing. 

Now, if the trial is completed and you did not produce any evidence then you can change your lawyer by engaging another one or request your present lawyer by narrating all these facts and thereby you can file a petition for re-opening of the evidence from your side to prove your case. 

One more option if trial is not started..you can approach high court by filing quash petition challenging the chargesheet filed before the trial court. 

If thee is nothing in prosecution CAs should don’t have to lead evidence as it may be not in your interest to lead evidence 

I understand your concern completely especially when you've made efforts to care for your wife and family, and now feel that your side of the story, supported by real proof (like photos/videos), isn’t being properly shown.

Here’s the straight truth:

Once Section 313 CrPC is done, the opportunity to lead defence evidence (under Section 233 CrPC) arises only if your lawyer requests it. If your lawyer said “no further evidence,” the court moves to arguments directly.

Evidence cannot be introduced during final arguments. That stage is only for discussing what’s already on record.

So if you believe those photos, videos, or witnesses are crucial to your defence, your lawyer should have asked the court to allow defence evidence before closing that stage. It’s still not too late, you can politely request your lawyer to move an application to reopen defence evidence, explaining its importance. Courts do allow this in genuine situations.

That said, if the prosecution’s case is truly weak, and there’s nothing substantial against you, your lawyer may feel that bringing defence evidence is unnecessary and might overcomplicate or distract.

But if you're uneasy, trust your instincts, speak openly with your advocate. This is your life, and clarity matters.

Hello, 

1. In a criminal trial it is for the prosecution to prove beyond reasonable doubt the charges in the FIR. Therefore, of you see that the prosecution hasn't adduced any cogent evidence to substantiate the charges, you may not have to struggle to disproven the charges. Thre must be some reasoning about your lawyer not presenting the digital evidence you have. You need to have confidence in his assessment for now.
2. Judgment would suffer have descriptions about the allegations and your reply to them, however the Judge will assess whether the prosecution succeeded in establishing the charges beyond reasonable doubts. 
3. It's difficult to comment whether the stand your lawyer has taken will result in your acquittal without going through the FIR, chargesheet and depositions of the witnesses.

After the completion of Section 313 Cr.P.C. questioning, an accused can be permitted to produce photo evidence to support their defense, provided it's done in accordance with the law, particularly Section 311 Cr.P.C. and other relevant provisions. 

The court has the discretion to allow such evidence if it deems it essential for a just decision. 

Section 313 cr.p.c. allows the court to examine the accused to explain the incriminating evidence presented by the prosecution. It's not a mere formality but an opportunity for the accused to offer their side of the story. 

While the accused's statement under Section 313 is not considered substantive evidence, it can be used to assess the veracity of the prosecution's case and the accused's explanation

After the 313 questioning, the accused is entitled to produce evidence in their defense, including documents like photographs, if they are deemed relevant to the case. 

As the matter is posted for arguments on 15.07.25, you may file a petition through your lawyer seeking permission of court to produce the photo evidences and other substantial evidences in your possession to explain your side defence to the allegations leveled against you in the ongoing criminal case.

The primary consideration for the court should be whether the evidence, including photo evidence, is essential for a just decision in the case. 

If your lawyer is reluctant to agree to your thought, you may change the lawyer at this stage also and proceed with another lawyer 

One important piece of Indian law that gives the court the authority to interrogate the accused during a trial is Section 313 of the Criminal Procedure Code (CrPC). A vital part of making sure the accused has a chance to refute the accusations made against them in this section. It is required of the court to question the accused regarding the evidence after the prosecution has finished presenting its case. The accused has an opportunity to clarify any circumstances that might be used against them during this procedure. The accused's right to a fair trial may be violated if they are not given a sufficient chance to clarify.

Therefore you may establish your defence by producing the documentary evidences you may rely upon whether she produced any evidence to support her allegations or not.

1. Weight of Oral Testimony vs. Lack of Corroboration
   In criminal law, mere oral testimony—especially of interested witnesses like the complainant and her relatives—must withstand the test of credibility and cross-examination. If the prosecution has failed to produce documentary evidence, medical records, or independent witnesses, and your lawyer has successfully discredited them during cross-examination, then the defence may be justified in not leading additional evidence. However, this depends entirely on the judge’s perception of the credibility of prosecution witnesses.

2. Not Leading Defence Evidence: Strategic Choice or Missed Opportunity?
   While it is true that the burden of proof lies on the prosecution, in matrimonial offence cases (e.g., 498A IPC), courts often look at overall conduct, not just legal technicalities. If you had photos, videos, messages, travel records, or any objective material showing a peaceful or affectionate marriage, respectful treatment by your parents, or inconsistencies in her narrative, that could have countered the allegations beyond just denial. Not submitting these may result in the court relying only on the prosecution narrative and your denial, which can weaken your defence if the judge finds the complainant “natural” or “credible.”

3. Judgment Will Record Absence of Defence Evidence
   Yes, the final judgment will contain a section summarizing the defence case, including the fact that no evidence was led on your behalf. If the judge feels that some burden to rebut or clarify the allegations existed, your silence or inaction may be adversely noted. Courts often write, "Accused has not led any defence evidence to rebut the presumption..." even if legally the burden was never on you.

4. What Can Be Done Now?
   You are not entirely without remedy. Even though the court is at the argument stage, you may:

   • Immediately file an application under Section 311 CrPC before the next date (15 July), praying for permission to reopen defence evidence to place limited, crucial documents (like photographs, videos, chat records, or other materials).

   • The application must clearly explain why these documents are relevant, and why they were not submitted earlier (e.g., mistaken legal advice, misunderstanding, or inadvertence).

   • If the court finds that the evidence is essential for a just decision, it may allow this even at this stage.

5. The Court’s Duty is to Seek the Truth
   Indian courts, especially in criminal matters, have discretion to allow additional evidence if it aids the cause of justice. The Supreme Court in Rajaram v. State of Rajasthan (2005) emphasized that the trial court has the power to summon material witnesses or recall evidence if essential for truth and fairness, even after defence evidence has closed.

6. Consult Another Lawyer If Doubt Persists
   If you feel your current lawyer has not acted in your best interest or misadvised you on such a critical decision, you may consult a second lawyer urgently, and even move an application through new counsel. You are entitled to change your representation at any time before final judgment.

• Do not wait till arguments on 15 July. If you want the court to consider photos or videos, file a 311 CrPC application immediately.

• Your grounds should be precise: you were misadvised that no defence was needed, but you have important material evidence relevant to the allegations.

• If your application is allowed, you can then submit those specific materials formally through affidavit or a defence witness.

• This may preserve your right to a fair trial and help you avoid adverse inference for not rebutting serious allegations.

About question 498a after 313 Crpc

It's understandable that you're worried, especially when you feel your side of the story, supported by evidence, isn't being fully presented. Let's break down the stages of a criminal trial under the CrPC in India and clarify your options.

Stages of a Criminal Trial (General Overview):

1. Investigation: Police gather evidence, record statements, etc.

2. Filing of Charge Sheet: Police submit their report to the court.

3. Framing of Charges: The court decides if there's enough evidence to frame charges against the accused.

4. Prosecution Evidence: The prosecution presents its witnesses and evidence to prove the guilt of the accused.

5. Examination under Section 313 CrPC: After the prosecution evidence is complete, the accused is questioned by the court to explain the circumstances appearing against them in the evidence. You've mentioned this was done today, and you denied all accusations. This is a crucial stage where you get to explain your side, but it's not the stage for producing your own evidence.

6. Defense Evidence (Section 243 CrPC): This is the stage after the 313 CrPC statement, where the accused is given the opportunity to present their own evidence (defense witnesses, documents, etc.) to disprove the prosecution's case or to establish their own defense. Your lawyer's statement that there's "no further evidence" might relate to this stage having been completed, or they might be advising against it for strategic reasons.

7. Final Arguments (Section 314 CrPC): This is the stage you're heading into on July 15th. During arguments, both the prosecution and defense summarize their cases based on the evidence already on record. They argue how the evidence supports their respective positions and how the law applies.

Can you show evidence during arguments?

Generally, no, you cannot introduce new evidence during the arguments stage. The arguments are based on the evidence that has already been produced and admitted during the evidence stages (prosecution evidence and defense evidence). Section 314 of the CrPC deals with oral arguments and submission of memorandums of arguments after the close of evidence.

Why your lawyer might be advising against providing evidence:

Your lawyer's advice that "there is no need of evidence and that there is nothing in the prosecution case" could stem from several legal strategies:

• Weak Prosecution Case: If the prosecution has failed to establish its case beyond a reasonable doubt with its own evidence, your lawyer might believe that introducing your own evidence is unnecessary. The burden of proof is always on the prosecution. If they haven't met that burden, the defense might not need to do anything to secure an acquittal.

• Avoiding Complication: Sometimes, introducing too much evidence can complicate the case, open new avenues for cross-examination, and potentially even inadvertently strengthen some aspect of the prosecution's narrative if not handled carefully.

• Risk of Adverse Inference: If you present evidence and it's not strong, or if it contradicts previous statements, it could be used against you.

• Focus on Legal Lacunas: Your lawyer might be planning to focus solely on the legal infirmities, contradictions, and weaknesses in the prosecution's case, without needing to present a counter-narrative through defense evidence.

Your Concerns about not showing photos/videos:

You are worried about not having a chance to show photos or videos of how well you took care of your wife and your parents' good conduct. If these are relevant to your defense (e.g., to counter allegations of neglect, cruelty, or to establish your character), they should have been presented as part of your defense evidence under Section 243 CrPC.

What you should do:

1. Have an immediate and frank discussion with your lawyer:

   • Clarify why no defense evidence was led: Ask them specifically why they decided not to present your photos/videos or other evidence. Understand their legal reasoning and strategy.

   • Inquire if there's any last-minute option: While generally new evidence isn't allowed during arguments, sometimes courts have discretionary powers (e.g., under Section 311 CrPC for recalling or examining a witness if it's essential for a just decision). However, this is usually for exceptional circumstances and the court would need to be convinced of its necessity. Your lawyer is the best person to advise if such an application is feasible at this late stage and if it would be advisable.

   • Express your concerns clearly: Tell your lawyer exactly what you wanted to show and why you believe it's important. They might have a valid reason for their approach, but it's crucial that you understand and are comfortable with it.

2. Trust your lawyer's judgment, but be informed: While you are ultimately the client, your lawyer is the legal expert who understands the nuances of the law and the specific facts of your case. However, it's your right to be fully informed and understand the strategy. If, after a thorough discussion, you still have serious disagreements and feel your interests are not being adequately represented, you may consider seeking a second legal opinion, but this should be done very quickly given the upcoming argument date.

Dear querist,

You can request the court to reopen the stage for leading defense evidence before arguments begin on 15th July. Although your lawyer stated that no defense evidence is necessary, you still have the right to submit relevant material—such as photographs, videos, or documents—that may support your case and show the nature of your relationship with your wife and your family's conduct.

After the prosecution completed its evidence and your statement under Section 313 CrPC was recorded, the court provided you the opportunity to lead defense evidence. Your lawyer chose not to submit any, possibly based on a strategic decision. However, if you believe that this decision does not reflect your intention and that the evidence you possess is crucial for the court to see the full picture, you can act now.

You must file an application before the trial court seeking permission to reopen the defense evidence stage. You may do so under Section 311 CrPC or by invoking the court’s inherent powers. In the application, you should explain that you were not aware that your lawyer would close the defense evidence without producing material that you believe is essential for a just decision. You must also mention that the evidence is genuine, relevant, and necessary to demonstrate your version of events, particularly in a case where the prosecution has relied only on oral statements without any supporting documents.

The court holds the discretion to allow reopening of defense evidence if it finds that the material is necessary and that no undue delay or prejudice will be caused to the other side. If the court permits, you can place photographs, videos, or documents on record, or even examine a defense witness if needed.

If the court does not allow reopening, or if you choose not to pursue it, your lawyer can still highlight the weaknesses in the prosecution’s case during arguments. The burden of proof lies on the prosecution, and unless they prove the charges beyond reasonable doubt, the court cannot convict you solely because you did not lead evidence in defense.

You should immediately speak with your lawyer and ask them to file the application if you wish to present evidence. If the lawyer refuses or disagrees, you can submit the application in person. The window to act remains open only until arguments begin or the court closes the opportunity.

You must act now to ensure the court considers all relevant material before reaching a final decision.

In case if you need my assistance, if can be contacted through kaanoon

Dear Sir/Madam, 

You are suggested to talk to your advocate and make a request to submit the said photos etc, during arguments to the court. 

- Since, those photos not exhibited at the time of evidence , then the Court will not consider at the time of argument 

- However, if you are not satisfied with the evidence or want to produce those photos then you can move an application for producing the additional evidence /documents before the final argument of the case.

No,  arguments stage is not for introducing new evidence.

At the arguments stage, both sides can only refer to the material and evidence already on record i.e., what was deposed, admitted, or marked during trial stages. Therefore, you cannot now produce photos, videos, or documents that were not submitted during the Defence Evidence stage.

Proceed with arguments, if prosecution evidence is weak, courts can still acquit, even without defence evidence.

If the judgment goes against you, you can: File appeal in Sessions Court / High Court, At the appellate stage, you can argue that you were denied the chance to produce defence evidence due to legal misadvise, and sometimes appellate courts allow remand or re-hearing on limited points.

Pls connect for further help 😊