Late KusumtaiChavan memorial 5th National moot court Competition 2018

TEAM CODE:

BEFORE THE HON’BLE SUPREME COURT OF INDICA

IN THE MATTERS OF:

ABC ... APPELLANT

V.

STATE OF PRIDE ... RESPONDENT

ON SUBMISSION TO THE HON’BLE SUPREME COURT OF INDICA

UNDER ARTICLE 32OF THE CONSTITUTION OF INDICA

WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENTS

COUNSEL APPEARING ON BEHALF OF THE RESPONDENTS

 Late KusumtaiChavan memorial 5th National moot court Competition 2018

TABLE OF CONTENTS

INDEX OF AUTHORITIES ........................................................................................................... ii

STATEMENT OF JURISDICTION.............................................................................................. iii

STATEMENT OF FACTS ............................................................................................................ iv

STATEMENT OF ISSUES ........................................................................................................... vi

SUMMARY OF ARGUMENTS .................................................................................................... 1

ARGUMENTS ADVANCED .......................................................Error! Bookmark not defined.

1. THAT THE WRIT PETITION FILED WITH THE SUPREME COURT OF INDICA IS
NOT MAINTAINABLE ............................................................................................................. 2

PRAYER ...................................................................................................................................... xiv

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 Late KusumtaiChavan memorial 5th National moot court Competition 2018

INDEX OF AUTHORITIES

STATUTES

Article 226, Constitution of India. .................................................................................................. 1

Constitution of Aressia .......................................................................................................... passim

BOOKS

CASES

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STATEMENT OF JURISDICTION

The Respondent humbly submits this memorandum in response to the petition filed before
this Honourable Court. The petition invokes its writ jurisdiction under Article 32 of the
Constitution of India. It sets forth the facts and the laws on which the claims are based.

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STATEMENT OF FACTS

1. ABC, a company engaged in designing online games have created a game entitled
‘Red Ox’ which is to be played on mobile phones.It became a big hit and popular among the
people throughout the world including ‘Indica’.After Download the game from the app
store.He is required to agree to the terms and conditions of the game.One of such terms and
conditions of the game is that the user has to be above the age of 18 years to register and play
the game and require his personal details for registration.

2.The game consists of 50 levels.In the beginning, some simple tasks are assigned to be
performed by the player which shall be verified by the administrator. In order to verify such
performance.the player gets addicted to it and as a result the last level of the administrator
demands the player to commit suicide after drawing an image of Red Ox on his hand.

3. The game became so popular among the youth and children around the age 10-12
were found committing suicide by embossing a logo of Red Ox on their hand.The ‘State of
Pride’ identifying it as a threat to the life of children and abusive of life have issued notice to
the company ABC for withdrawing its game from online portal to which the company
responded that they will not withdraw the game as such it do fall within the six golden
freedoms as guaranteed by the constitution.

4. The reply consists of a statement that ‘there is no abatement to suicide as such as the
task given was supposed to be individual competence and observance and one must
understand whether to commit suicide on once provocation or not’.The reply further alleges
that the government did nothing to prevent these activities by adopting a mechanism and thus
this notice is violative of their fundamental right guaranteed by the Constitution of Indica
under Art. 14, 19(1)(a) and 19 (1)(g) read with Art. 21.

5. The State of Pride after due deliberation have registered a crime under Sec. 306 and
Sec. 120B of IPC against the company for abatement of suicide by conspirating with the
administrators, imposed a ban on the game throughout the country U/S 69-A of Information
Technology Act- 2000

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6. Aggrieved by this decision, the company have moved a petition under Art. 32 of the
constitution claiming violation of their rights under Art. 14, 19(1)(a) and 19 (1)(g) read with
Art. 21.

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STATEMENT OF ISSUES

ISSUE I. Whether the petitioner has committed any offence under sec. 306 and 120B of IPC?

ISSUE II. Whether the State of Pride has violated the rights of petitioner enshrined under Art.
14, 19(1)(a) and 19 (1)(g) read with Art. 21?

ISSUE III.Whether imposing ban on the application “RedOx” u/s 69A of information
Technology Act is constitutionally valid

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SUMMARY OF ARGUMENTS

1. THAT THE WRIT PETITION FILED BEFORE THE SUPREME COURT OF INDICA IS NOT

MAINTAINABLE

The exercise of the writ jurisdiction of the supreme court under article 32 is largely
discretionary in nature, 1.1] the entire game in India is being controlled by a set of curators
1.2] from where the children access this game 1.3] no age verification proccess for player
who access this game 1.4] Action of meity in blue whale game

2. THIS IS A CLEAR CASE OF CRIMINAL ACTION UNDER 120B AND 306 OF IPC

1.1]Guilt Of Company Under Section 306 1.2] criminal Conspiracy Between Inventer Of
Game And The Company And The Curator And Social Media Who Upload The Link 1.3]
Injustise To Whom, Who Died 1.4] Russian Parliament’s Step To Ban This Blue Whale
Activity
3. THERE IS NO VIOLATION OF THE RIGHTS OF PETITIONER ENSHRINED
UNDER ART. 14, 19(1)(A) AND 19 (1)(G) READ WITH ART. 21

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1. THAT THE WRIT PETITION FILED WITH THE HIGH COURT OF NERUDA IS
NOT MAINTAINABLE

1.MeitY ADVISORY ON "BLUE W huHALE CHALLENGE GAME"Blue whale game

(The suicide game) is abetment to suicide. It is understood through various internet reports
that it is shared among secretive groups on social media networks. The creators seek out their
players/victims who are in depression and send them an invitation to join. The basis of the
challenge is that an anonymous “group administrator,” otherwise known as “the curator,”
hands out 50 tasks to selected “players” that must be completed, documented and posted
during a 50-day period. Players of the challenge can’t stop playing once they’ve started; they
are blackmailed and cyber bullied into completing the “game”.

1.1 THE ENTIRE GAME IN INDIA IS BEING CONTROLED BY A SET OF

CURATORS

THE ENTIRE GAME IN INDIA IS BEING CONTROLLED BY A SET OF CURATORS. THEY COULD BE IN
DIFFERENT LOCATIONS, THE OFFICER ALSO SAID. THE DEATH OF A 19 YEAR OLD IN MADURAI
WHO FELL PREY TO THIS GAME HAS OPENED UP A CAN OF WORMS. IT WAS FOUND THAT IN

MADURAI ALONE THERE ARE 75 PLAYERS OF THE GAME.

1.2 FROM WHERE CHILDREN ACCESS THIS GAME

Blue Whale is not a freely downloadable game, application or software. Children cannot
access it on their smartphones through app stores or on social media platforms like Facebook.
It is shared among secretive groups on social media networks. The creators seek out their
players/victims and send them an invitation to join

1.3 NO AGE VERIFICATION PROCCESS FOR PLAYER WHO ACCESS THIS

GAME

One of such terms and conditions of the game is that the user has to be above the age of 18
years to register and play the game.But the group who are suffering from this game is (12-19

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years) the most vulnerable group of Social Media, are most prone to Blue Whale
challenge.And if minor is playing the game then he not able to take his own decision.

1.4. ACTION OF MEITY IN BLUE WHALE GAME

On August 11, the central government’s ministry of electronics and information technology
(MEITY) sent a letter to Internet content providers such as Google, Facebook, WhatsApp,
Instagram, Microsoft and Yahoo to immediately remove the links of the online game Blue
Whale Challenge, which has led to the suicide of children in India and many other countries.

2. This is a clear case of Criminal action under 120 b and 306 of IPC.
It is a clear case of abetment and inducement to suicide under section 306 of the Indian
Penal Code (IPC):
“If any person commits suicide, whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.”
And of criminal conspiracy under section 120B of IPC
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with
death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards,
shall, where no express provision is made in this Code for the punishment of such a
conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit
an offence punishable as aforesaid shall be punished with imprisonment of either description
for a term not exceeding six months, or with fine or with both.

2.1 GUILT OF COMPANY UNDER SECTION 306

the fact that the company which launched this online game is guilty of an offence under
Section 306 IPC. Since the suicides have taken place in India, the company is surely guilty.
Why can’t those involved in promotion and popularising this game and thereby abetting
commission of this crime be brought to book? If those committing a similar act in India are

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tried and punished under the law, why should owners of this game be spared? They should
not be allowed to go scot free.

2.2CRIMINAL CONSPIRACY BETWEEN INVENTER OF GAME AND THE

COMPANY AND THE CURATOR AND SOCIAL MEDIA WHO UPLOAD THE
LINK
In 2016,Philipp Budeikin, a 21-year-old former psychology student who invent the game
who has now confessed to the crimes, he said he thinks his victims were just ‘biological
waste’ his intention was to cleanse society by pushing persons to suicide whom he deemed as
having no value. Although originally claiming innocence and stating he was "just having
fun", Budeikin was arrested and held in Kresty Prison, St Petersburg and in May 2016 pled
guilty to "inciting at least 16 teenage girls to commit suicide.". He was later convicted on two
counts of inciting suicide of a minor.
According to this report Philipp Budeikin is created a blue whale game to commit crime and
the company launch this game is also guilt for the same and the curater who run this game by
talking to player and deliver challenges to players and players get addicted to play and the
social meadia sites by whom the games is spread all over the world and in india also is also
guilty for upload the links of this game of blue whale they all are criminally conspire for that
game which result is crime hense they all are guilty for criminal conspiracy under 120B of
IPC

2.3 INJUSTISE TO WHOM, WHO DIED

It is good that the government has directed websites and online companies to offload the
“Blue Whale” game so that Indian teenagers are not able to have access to it. But as long as
those guilty of having committed this crime, directly or indirectly, are not brought to justice,
the step will remain half-hearted.

2.4 RUSSIAN PARLIAMENT’S STEP TO BAN THIS BLUE WHALE ACTIVITY

On 26 May 2017, Russian Duma (parliament) passed a bill introducing criminal

responsibility for creating pro-suicide groups on social media, in the wake of 130 teen deaths
linked to the Blue Whale suicide challenge.On 7 June 2017, President Putin signed a law

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imposing criminal penalties for inducing minors to suicide. The law imposes a maximum
punishment of six years in prison.

3. THERE IS NO VIOLATION OF THE RIGHTS OF PETITIONER ENSHRINED

UNDER ART. 14, 19(1)(A) AND 19 (1)(G) READ WITH ART. 21
ABC Company say about the infringement of fundamental rights article 14, 19(1)(a) and 19
(1)(g) read with art. 21
Article 14 :- Equality before law The State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India.

Article 19 :- Protection of certain rights regarding freedom of speech, etc.—(1) All citizens
shall have the right—

(a) to freedom of speech and expression

(g) to practise any profession, or to carry on any occupation, trade or business

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.

3.1

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PRAYER

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