Kartik Arya

Moot Court & Trial Advocacy

Trial Diary

Kartik Arya – 18010191

S.No. Lecture Date Topic discussed Page number

1 06/02/23 Introductory lecture, Drafting and 2

2 20/02/23 Structure of a Criminal Trial 3

3 27/02/23 Guest Lecture by Prof Anjali 5

4 06/03/23 Stages of Criminal Trial 6

5 13/03/23 Guest lecture – litigation 7

6 21/03/23 Counsel for victim 8

7 27/03/23 POCSO 10

8 03/04/23 Guest Lecture by Defence lawyer 12

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Date – 06/02/23

INTRODUCTARY LECTURE, DRAFTING AND PROCEDURE OF FILING OF A

 As a lawyer, it is important to follow the rules of the court in terms of decorum and
presenting oneself. It is mandatory for a lawyer to be dressed in black and white and it
is mandatory for lawyers to wear a robe while arguing in the High Court of any state
and the Supreme Court of India.
 Lawyers in India are overburdened while also lacking the relevant experience to try a
case and all of this is after and partially because of the availability of free legal aid in
the country.
 Looking at such a scenario, alternate dispute mechanisms are helpful to solve
conflicts and settle the matter amicably while also saving time and reducing the
burden of courts and lawyers.
 Proper functioning of the courtroom is not dependent on the lawyer and the judge but
the staff that works in the courtroom to facilitate cases in their own respective roles.
These include Stenographer who maintains records of court proceedings, the Reader
who is responsible for the functioning of court room and managing the case files. The
reader acts as the right hand of the judge.
 Police officers are also allowed in the courtroom who are referred to as the Nayak. It
is recommended that lawyers and clients should treat these people with utmost respect
and dignity as they are responsible for a lot of things related to the case and
sometimes play an important role for aiding lawyers with documentations.

CRIMINAL COMPLIANT

 Whenever a police complaint is filed the police investigates the case. In order to
investigate the case the police tries and identify the witness who can corroborate the
story of the complainant or provide genuine insight about the details of the case.
Then, if there is any physical evidence that needs to be collected then the police will

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investigate the scene of the crime and collect physical evidence. The police will also
look at recording statements of the witnesses and people involved in the case.
 It is important to note that the complaint is not a formal document. The complainant is
expected to write as if a lay man was writing the compliant. If this is not followed
then later it can be used against the complainant to state that the lawyer forced the
client to file a compliant. It is important to mention the details of the incident. The
compliant should eventually be written by the complainant only and not the lawyer.

20/02/23
STRUCTURE OF A CRIMINAL TRIAL

 Pre trial stage of a criminal trial involves filing of a police complainant and the
preliminary investigation that is completed by the police. Post which the FIR is filed.
Knowing the district of the police station, police station, year of FIR and the FIR no.
are important details to view the FIR on the e-court service app
 There are three stages of any case. A case can be pending which means that the trial is
ongoing. Disposed means that the case has been disposed off. Having these details
helps in getting the information of the case online on the court website.
 The FIR includes the offense for which it was filed, as well as the date and time that
the information was received. When providing information to the police, they note it
down in their daily diary and provide a diary entry number to the informant. To
ensure that there is proof of submitting the complaint, two copies should be
submitted, with one being kept by the complainant for their diary entry number. Even
if the FIR is not registered, the complainant still has proof of submitting the
information. The complainant is also given a copy of the FIR.
 A Medico Legal Certificate (MLC) is obtained when a victim is taken to a
government hospital for examination and evidence collection, particularly in cases of
sexual assault, injury, acid attack, etc. It is mandatory for hospitals to provide
treatment in such cases and the victim can file a complaint at the hospital without the
need for a criminal complaint beforehand. During the examination, if a male doctor is
present, a female staff member must also be present for the examination of a child or
a woman. The consent form allows for examination by a male gynaecologist but in
the presence of a female staff member. The examination process can be traumatic, so

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the victim and their guardians are given an explanation of the process before signing
the consent form in order to make it less painful.

PROCESS

 While filing a complaint, the first step is to file a complaint with the duty officer and
provide the complainant with the DD number.
 Section 164 of the CrPC provides for two types of statements - either the victim can
give a statement to the magistrate, or an accused person can make a confession to the
magistrate. However, these statements can only be used as corroborative evidence. In
the case of child victims, an adult accompanies them during the statement. If the
victim is disabled, a translator or special educator may be requested by the magistrate.
The magistrate is not permitted to alter the words of the victim or accused, and if the
statement is in Hindi, it will be recorded in Hindi. The statement will be certified and
stamped by the magistrate at the end.
 When the police take a statement from someone under Section 161CrPC during an
investigation, it may have evidentiary value, but if it's of higher value, a statement
under 164 should be taken instead. However, recording a 164 statement can
potentially allow the police to unduly influence the victim. As the investigation
progresses, additional statements from witnesses may be taken. It's advisable to record
the 164 statement as soon as possible to maintain the chronology of evidence and to
prevent contradictions between statements.
 The charge sheet includes a column for witnesses, and the statements of those
individuals will be recorded under Section 161. This includes anyone connected to the
crime, such as the victim's family members, friends, teachers, etc., as well as the
officers who assisted in the arrest. The charge sheet must be filed within 60-90 days;
otherwise, the accused may be granted bail.

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27/02/23

GUEST LECTURE BY PROF. ANJALI

The lecture discusses current trends in arbitration, including institutional arbitration and ad
hoc arbitration. India is focusing on setting up institutionalized arbitration in 2023 to attract
more business to the country. Another trend is third-party funding, where a company assesses
the winning chances and funds the arbitration. Multi-tier dispute resolution clauses are
becoming popular, which involve starting with an informal method and moving towards a
more formal setup.

The lecture then focuses on mediation and arbitration (Med-Arb). Mediation aims to find a
common interest between parties and reach a mutually satisfactory outcome. The Mediation
Bill aims to establish a framework for mediation, but it has faced criticism for being too
prescriptive.

The lecture also discusses various methods of dispute resolution, including Med-Arb, Arb-
Med-Arb, and the Bring that Envelope-Medalo Method. Some of these methods involve
confidentiality, but there can be ethical dilemmas in sharing information learned during
mediation.

The Mediation Bill aims to combine all aspects of mediation into a single piece of legislation.
The bill was inspired by the Singapore Bill but, instead of only covering mediation, it also
incorporates the Arbitration Act. The bill provides two options for parties involved in a
dispute: if they choose to opt for mediation, they have 180 days (6 months) to work on a
resolution, but if they decide not to participate, they must attend at least two sessions and then
can withdraw. However, the standing committee expressed concern that mediation should be
a voluntary process and not forced upon the parties. In certain cases, arbitration may be a
more suitable approach to reach a mutually beneficial solution.

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06/03/23

STAGES OF A CRIMINAL TRIAL

 After filing the Chargesheet, there are arguments regarding the charges. In order to
proceed, a prima facie case needs to be established. The defence may try to get some
of the charges dismissed, while the prosecution will try to defend or accept them.

 If the accused accepts the charges, the argument on sentencing is carried out to
determine the range and type of sentence to be given, based on precedents. Once the
sentence is passed, the case is concluded.

 However, if the accused rejects the charges, the trial proceeds. The charge sheet lists
the prosecution witnesses, and if the documents provided by the witnesses are
admitted, they won't be cross-examined as they will be undisputed. In cases where the
documents are not admitted, cross-examination takes place.

 Witnesses can also be agreed to be dropped, for instance, if three witnesses have
given statements on the same incident. This is done to reduce the length of the trial,
but it is rarely done in reality as the defence has to complete a certain number of
hearings to get paid.

 The defence during trial primarily involves two parts: 1) presenting and establishing
their own defence, and 2) cross-examining the witnesses presented by the prosecution.
The defence often calls witnesses to testify and provide evidence in support of their
case, however, there is a possibility that these witnesses may turn hostile. Therefore,
during the cross-examination, the defence is allowed to ask leading questions, but not
during the chief examination.

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 The list of defence witnesses is not publicly available. After the defence presents its
case, the Statement of the Accused (SA) is taken up, followed by the passing of the
judgment and sentencing.

 The absence of a Court document means that one must fill out a form for court file
inspection in order to access it. The completed form is then given to the reader in the
courtroom and signed by the judge. The form is then taken to the Ahlmad's room
where the files are kept. During inspection, only a pencil can be used.

 When a certified copy of a document is required, a certified copy form must be

13/03/23

GUEST LECTURE – LITIGATION FAMILY COURT

 Before resorting to a divorce, the initial approach is to attempt to resolve any issues
between the parties amicably through an educational mediation settlement. This is
because it helps to avoid going to court and the potential for things to become
unpleasant, particularly in situations where the parties have children, common friends,
or family ties.

 The specifics of co-parenting arrangements, such as domestic and international travel,

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 Mediation settlements involve passing a 1st Motion and 2nd Motion to establish the
terms of the agreement before finalizing and filing the details with the court. Both
parties, as well as court staff, sign the agreement before the judges grant the
separation. The process is highly detailed to ensure that the co-parenting arrangement
is effective and the children are taken care of.

 Not everything can be considered as cruelty that would justify a divorce. There needs
to be sufficient evidence and reasonableness to support the claim. To support your
case for divorce, it is necessary to submit documents that show you were a good
spouse or parent throughout the marriage, such as photographs, LIC documents,
school fee invoices, etc. After filing the petition, there will be a few days given for the
respondent to respond and submit supporting documents. If needed, a local
commissioner is also an option so that evidence for the ongoing trial can be collected.

21/03/23

VICTIM’S COUNSEL – ROLE

 The next thing to consider is the relationship between the lawyer and the client which
is established with the help of a vakaltnama. It is like a contract between the lawyer
and the client for representation. It requires a court stamp with a welfare stamp. A
lawyer needs to file a signed copy of the vakalatnama before representing their client
in a case.

 The process of filing an argument on a charge can result in acceptance, discharge, or

 The prosecution presents evidence through chief examination by the public prosecutor
and cross-examination by the defence council, relying on 161 and 164 statements. The
same process is then reversed for the accused. The defence must prepare the client for

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the Statement Advanced (SA), particularly if the accusations are true. The defence
should present the same arguments in the SA as in the trial.

 The client should be mentally prepared for what they will face. Once the evidence
collection is complete, there are final arguments, followed by either conviction or
acquittal. Sentencing arguments follow, and the process concludes with sentencing.

 It is necessary for the victim to have their own counsel because the Public Prosecutor
(under Section 225 of the CrPC) is unable to dedicate sufficient time to every case,
and therefore, a counsel is required to ensure that the client's interests are protected
during the trial. The counsel can also assist the victim with other needs, such as
preparing them for their testimony and filing claims for compensation. Additionally,
the victim has the right to representation. The counsel for the victim is responsible for
aiding the Public Prosecutor, but not exceeding their authority. They can only submit
written arguments with the court's permission and under the guidance of the Public
Prosecutor. It is important to consult with the Public Prosecutor and not bypass them,
as they are not the counsel's superior, but rather, a collaborator.

 The main duty of the counsel for the victim is to aid the prosecution and nothing
more. If they want to submit written arguments, they must first obtain the court's
permission and follow the guidance of the prosecutor, rather than acting
independently. This does not mean that the prosecutor is their superior, but rather that
they should consult with them and not go around them.

 Section 302 states that the decision to prosecute rests solely with the prosecution, and
court permission is required to deviate from this. Exceptions exist, such as in cases
under the Public Prosecution Act, but this is only allowed in extremely severe and
complex cases, and the prosecutor's consent must be obtained before making such an
application.

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27/03/23

POCSO REVIEW

 Protection of Children from Sexual Offence Act, 2012 was enacted because the Indian
Penal Code did not have any specific provision which dealt with sexual abuse. The
provisions incorporated under POCSO are gender neutral such as it is possible for a
woman to be held liable for the offences of rape.

 The POCSO law in India prohibits sexual acts between an adult and a minor or
between two minors, including kissing, hugging, and sexual intercourse. The law does
not consider consent, as the legal age of sexual consent in India is 18 years. It is rare
for a girl to be accused of forcing herself on a boy, and even if it happens, the boy is
assumed to have enjoyed it.

 Cases are often reported when a child seeks abortion at a hospital or clinic, and the
institution's head has a legal responsibility to report it. Trial courts sometimes grant
bail or acquit defendants in consensual POCSO cases. To establish a case, it is enough
to prove that sexual intercourse occurred, regardless of whether consent was given.
However, there may be an opportunity to make an exception for consensual sexual
relationships between minors.

 If both children are under 18, the case is handled by the Juvenile Justice Board. The
law specifies that sexual assault involves penetration of the penis, insertion of an
object, or any other body part.

 The Juvenile Justice (JJ) Board is responsible for handling cases of children who have
committed offenses and are in conflict with the law. To minimize the negative impact
of the justice system on children, the board includes a magistrate and two social
workers. The focus is on rehabilitating, reforming, and providing retribution to the
child rather than punishing them. The system recognizes that children are more likely

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to reform than adults and require a more compassionate approach. The JJ Act also
deals with another type of children, those in need of care and protection. These cases
are dealt with by the Child Welfare Committees, which focus on rehabilitation and
retribution as well.

3/04/23
GUEST LECTURE BY ADV. IPSITA

 In criminal law, there are two categories of legislation: penal provisions (such as IPC
and PMLA) and procedural law (CrPC). The CrPC outlines how the police should
treat a client and how they should be represented. In criminal cases in India, the
prosecution must prove guilt beyond a reasonable doubt. If there is any doubt, it
should favor the accused. All accused individuals have the right to choose their own
lawyer, and the state is responsible for providing legal representation to indigent
people under section 304.

 There are two types of offenses in India: cognizable and non-cognizable. The police
have the power to investigate and arrest individuals without a warrant in cases of
cognizable offenses, while they cannot arrest someone without a warrant in cases of
non-cognizable offenses. However, in cases of cognizable offenses, police officers
may be required to issue a notice under Section 41A. This notice must be issued when
the police receive information that a cognizable offense has been committed, and they
cannot directly arrest the person. An arrest may only be made if there is a risk of the
person fleeing.

 A police officer has the authority to arrest someone at any time for cognizable
offenses. The first step in such cases is to check for a warrant. A legitimate warrant
should have the name of the issuing judge, their signature, and the name of the police
officer authorized to issue it (as per Section 70 of the CrPC).

 In India, women cannot be arrested before sunrise or after sunset, and only a female
police officer can make the arrest. It's worth noting that an arrest doesn't always

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involve physical restraint - even if the police ask a person to come with them, it can
be considered an arrest.
 For bailable offenses, which carry a punishment of less than three years, bail is a
right. The accused person can secure bail by presenting themselves at the police
station with two sureties and a certain amount of money. However, sometimes, people
may set an unreasonably high surety amount that the accused cannot afford.

 Non-bailable offenses carry a punishment of more than three years, and the accused
person may not be entitled to bail. After an arrest, the accused person has the right to
inform their family and seek help for obtaining bail.

10/04/23
CLIENT COUNSELLING

 It is important for lawyers to create a good impression with the client while also
ensuring that the client is retained with the lawyer after the first meeting
 The first meeting with the client should only be to seek clarifications and directions
from the client. It is necessary to meet the client to make them comfortable about the
case, situation and the lawyer handling their case.
 The lawyer needs to build a rapport with the client. The lawyer should clear that if the
lawyer is engaged, confidentiality will be maintained.
 The lawyer should note what the client is saying to ensure that unnecessary
clarifications are not taken from the client.

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