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BHAGAT PHOOL SINGH MAHILA VISHWAVIDYALAYA
KHANPUR KALAN, SONIPAT
DEPARTMENT OF LAW
SESSION – 2022-2023
SUBJECT : MOOT COURT EERCISE AND INTERNSHIP
NAME :- Diksha Rani
CLASS :- BALLB 5th YEAR
ROLL NO. :- 18053023
CONTACT NO. :- 62393 15319
EMAIL :- sahiljaat@gmail
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Acknowledgement
I would like to express my special thanks of gratitude to my Subject mentor,
Dr. Rajesh Hooda who gave me the golden opportunity to do this wonderful
project which also helped me in doing a lot of Research and came to know
about so many new things I am really thankful to them.
Secondly, I would also like to thank my parents and friends who helped me a lot
in finalizing this project within the limited time frame.
Diksha Rani
18053023
[Link] 5th Year (10th Sem)
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CONTENTS
SERIAL NO. PARTICULARS PAGE NO.
1. Case Observation 4-5
Criminal case
Civil Case
2. Legal aid scheme 6-10
Internship Certificate 11
3.
4. Moot Court Certificate 12- 16
5. Other achievements 17
Certificate
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CRIMINAL CASE OBSERVATION
I want to Hisar , met with my Advocate Mr. Pawan Sharma. They give briefing
about the work I will do there. Thereafter we were asked to read a case file of the
schedule case later that day. There was a criminal matter listed in the court. This
was my first day and everything was very knowledgeable. Mr. Sarfaraz Nabi asked
me how to draft a plaint and written statement and affidavit. And I nooded yes. I
prepared plaint there I also came to know how to serve dasti summons. As an
intern, I was assingned case files to read and to make own notes over the case,
analyse the grounds and question of law. I did every possible effort to accompany
the advocate. I observed every little thing which was going on in the court room.
How advocates argued, how beautifully they put the law and jurisprudence
before the Magistrate. The case was related to murder under section 307 IPC. I
pointed down every important aspect which is relevant for me and for the case
too. I came to know even in murder case on what reason magistrate grant the
bail. Apart from the proceeding there were many things which are worthy
enough.
For example library journal cases list case took which are used as precedent
contained in the library.
Law is not something which is written in the law books it is in our daily life it
controlled us and also help us to live if peaceful and prosperous life. Through
quote I learnt many things within a month and it is very learnable experience for
me.
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CIVIL CASE OBSERVATION
A court is an institution that the government sets up to settlement of disputes
through a legal process. People come to court to resolve their disagreement.
When I meet the Advocate Mr. Pawan Sharma. They discuss about the case with
team members. There was a suit of family dispute. After having an interview with
the client the advocate came to know that the suit can be solved through party
not agree with the advocate opinion. On next day, the parties, the magistrate
ordered the party to solve their matter through ADR. It is very interesting to saw
the court proceeding and arguments of the suit.
Even Magistrate not work there as a mute spectator, he uses his mind and judicial
approach towards the case and then decide the matter.
ADR is very effective manner and I also thought why people not opt the ADR
mechanism. As we know court procedure takes long time to solve a single case.
Law is made by the people, for the people, to the people. So it should be simple
and understandable so a poor person can also approach the door of justice.
Their ADR centre which gives the advise to the advocates clients and work upon
more tool and techniques like ADR mechanism. It was a really a great experience.
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LEGAL AID
Introduction of legal aid –Legal Aid implies giving free legal service to the poor
and needy who cannot afford the services of a lawyer for the conduct of a case or
a legal proceeding in any court, tribunal or before an authority. Legal aid is the
provision of assistance to people who are unable to afford legal representation
and access to the court system. Legal aid is regarded as central in providing access
to justice by ensuring equality before law , the right to counsel and the right to
fair trial.
Legal aid is essential to guaranteeing equal access to justice for all. The right to
assignment of counsel at government expenses was emphasized in the 14th law
commission report. Thereafter, in 1969, the law commission again strongly
recommended that the right of the accused to representation at the cost of
government should be placed on statuatory footing in relation to trials for serious
offences and as a first step in this direction , the commission proposed that such a
right should be available in all trials before the court of session.
Legal aid under constitution of India- India is a country with poor and illiterate
[Link] of the Indians are not aware of their legal and constitutional
rights. Even if they come to know of their rights, they are in a helpless position
because they cannot afford to engage the services of a legal counsel,which has
become a costly affair. With a view to provide free legal aid to the deserving
sections of the society, the Parliament of India has incorporated a specific
Directive Principle viz., Article 39-A by the 42nd Amendment of the Constitution
in 1976. Legal aid is a constitutional right supported by Articles 21 and 39-A of the
Constitution of India. Article 21 of the Indian Constitution states that no person
shall be deprived of his life or personal liberty except according to procedure
established by law.
Article 39-A directs the State to ensure that the operation of the legal system
promotes justice on a basis of equal opportunities, and shall in particular, provide
free legal aid, by suitable legislation or schemes or in any other way, to ensure
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that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
We stay in a society governed by rule of law where in the basic canons of natural
justice are given supreme value. The most important aspect of the concept of
natural justice is, giving a person the right to be heard in fair trial. Fair trial within
its very wide ambit incorporates many things which are very widely discussed and
deliberated upon by the authors in the later sections of the article. But the most
important of all these is right to be represented by someone havingknowledge of
law. A country like India, where poverty and illiteracy have permanent abode,
we cannot think of a situation wherein a person who is a party to a suit or a
criminal matter can represent him or can be part of hearing which is the most
essential segment of naturaljustice, unless he is represented by someone knowing
law, that is an advocate or a lawyer.
The Apex Court of India while upholding the constitutional mandate has given
some epoch breaking judgments like M.H. Hoskot v. State of Maharashtra,
Hussainara Khatoon v. State of Bihar and Khatri v. State of Bihar thereby
strengthening the notion of free legal aid in India.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality
before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled
in its letter and spirit and equal justice is made available to the poor,
downtrodden and weaker sections of the society.
Provisions – Legal aid a constitutional right - Articles 21 and 39-A of the
Constitution are as under:-
article -21- Protection of life and personal liberty – No person shall be deprived of
his life or personal liberty except according to procedure established by law.
article - 39A - Equal justice and free legal aid - The state shall secure that the
operation of the legal system promotes Justice on a basis, of equal opportunity,
and shall in particular, provide free legal, aid, by suitable legislation or schemes or
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in any other way, to ensure that opportunities for securing Justice are not denied
to any citizen by reason of economic or other disabilities”.
CLIENT COUNSELLING
For the purpose of legal aid project work, we organised a camp in Kanya Gurukul
Senior Secondary School for the purpose of dealing with clients - where discussed
and interacted with girls student of 12th class, and shared our views on the topic
of Rights of girl child women.
As part of discussion we made the students aware of their rights and remedies
available against various sexual offences. We discussed the POCSO Act, 2012 it’s
objectives and some of its provisions like, Section 3, 4, 5, 7, 11, 23 etc. We
discussed the provisions of IPC as well Legal awareness Camp, sometimes called
public legal education is the empowerment of individuals regarding issuing
involving the [Link] councils lawyer federation and various NGOs take the lead
promoting legal awareness and legal literacy. The main objective of the camp was
to offer counseling on legal issues shared by girls student. It was a learning
experience for the students who participated in the camp as they got to listen to
the grievance of the people and understand them from the perspectives of law.
Such activities also motivate girl students to take up voluntary and philanthropic
assignments in their professional lives. Some of the girl interact with us and
shared their problems with us and we give them the solutions their problems. We
guided them about the good persons and bad persons. One of them, ask us about
property rights of girl child and we discussed this with her, while another girl
asked us for the women’s safety phone number . It’s a mind blowing experience
for us because for the very first time we interacted with a lot of girls together and
it’s a learning out come for both of sides .
As a part of the exercise of client counselling, our group had organized a
counselling session along with the legal awareness camp, where students were
our clients & we strived our bestest to provide them with best results and guide
them in their issues/problems.
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The problems shared by them were as following -
1. How to a file case/report for the fake social media account against the person ?
2. One girl faced the issue of sexual harrasment in her own family and because of
the family issue she hasn't raise her voice regards to this.
3. One girl tell a incident to us regards to outraging the modesty of women in this
incident she tell that - one day a stranger in a park tried to touch her,and grabbed
her for hug.
She queried that whether it amounts to outraging the modesty of women or not
and what action she can take against that person ?
4. Another girl told us the incident that happened with her friend , one of the
family member of that girl take her to a unknown place and try to rape with her,
but she succesfuly escaped from there and save herself she told this incident to
her mother , but her mother told to her that she should not raise her voice
against him ,so they havenot take any legal action against that man. So she asked
to us that what legal action she can take against that man ?
Solutions provided by us to them -
Ans.1. - We told that she should report this account and complaint on the site
[Link] if they don't respond within three day's then she file against
the accused by giving the ID which is made by using her identity.
Ans.2 - we told her that she should raise her voice first it doesn't matter whether
the accused is family member or not and she should file a case against that
person regard to the sexual harrasment under sec.354A of ipc and the accused
shall be punished with rigorous imprisonment for a term which may extend to
three years, or with fine, or with both.
Ans. 3 - when we hear about her incident we define her firstly the term i.e
outraging the modesty of woman and we told her that this act which was done by
him should be punishable under the remedy given by law .So she should file a
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case against him for outraging her modesty and that person will be punishable
under section - 354 [Link] the modesty of woman is an offence provided
there is use of assault or criminal force with the intention for the purpose or
knowing it likely that he will thereby outrage her [Link] that man will be
punished between 1 to 5 year or with fine or with both.
4. We told her that she should file a case against that person it doesn't matter
that he is belongs to her family she should take legal action against that man by
filing a complaint against him under section - 375 of ipc and its punishment can be
between 10 years to imprisonment for life or fine or both.