MOOT COURT SOCIETY

LC-1, FACULTY OF LAW

UNIVERSITY OF DELHI

CIM HANDBOOK
Common Induction Moot Court
Competition 2024
TABLE OF CONTENTS
01 Tentative Schedule

02 Eligibility of Participation

03 Submission of Memorial

04 Selection Criteria

05 Rules Regarding Memorial

06 Memorial Score

07 Oral Rounds

08 Scoring of Oral Arguments

09 Dress Code

10 Researcher’s Test

11 Clarifications

12 Moot Proposition
 TENTATIVE SCHEDULE
Notification of the competition and
release of the moot proposition
22nd March , 2024

Last date for seeking clarification

31st March , 2024

Release of Clarifications
2nd April, 2024

Last date for submission of soft

10th April, 2024 copy of memorial

Researchers’ Test
13th April, 2024

CIM-Oral Round
13th April, 2024
2. ELIGIBILITY FOR PARTICIPATION
All the bonafide second and third year regular students of Law Centre-1 are
eligible to participate in the competition.

3. SUBMISSION OF MEMORIAL
The participants are expected to prepare the memorial from one side only i.e.
either from petitioner/plaintiff or from respondent/defendant.

Language: The language of the competition shall be ENGLISH only.

4. SELECTION CRITERIA
The following criteria for the selection will be followed which would be out of
100 Marks:

a) Criterion I: Memorial Total Score (20 Marks)

b) Criterion II: Researcher Test Total Score (20 Marks)
c) Criterion III: Oral Rounds Total Score (60 Marks)

Only top 40 Memorials from second and third year students shall be
selected for Oral rounds and Researcher’s test.
Top 10 students from second and third year each in merit list shall be
inducted after adding their respective scores under the following
components, i.e.;
(i) Memorial Score
(ii) Researcher Test Score
Please note that the Moot Court Society reserves the right to adopt the most
suited and equitable method of preparation of merit list for the shortlisting of
the participants for induction.
5. RULES REGARDING MEMORIAL
The following requirement of a memorial must be followed, the non-conferment
of which will be penalized:

1. The PDF file of the final memorial, should be uploaded on this link.
https://forms.gle/XVD2HJWzzLQhQk8V9
No memorial shall be considered sent elsewhere.

2. The uploaded memorial documents should be named - “Common

Induction Moot 2024- Memorial on Behalf of <insert
Appellant/Respondent as applicable> <Last 3 digits of your roll
number> <year of study>”. Kindly adhere to this pattern while naming
the file/document, as the same will be used as record in all future
correspondences.

3. The size of the file should not be more than 10 MB.

4. The above-mentioned link for the submission of the memorials will

be opened on 3rd April 2024 and will close on 10th April 2024 at 11:59 PM

5. No memorial shall be accepted beyond 10th April 2024.

6. Once the memorial is submitted, no revisions, supplements,

alterations or additions will be allowed.

7. If two participants are found to have the same/ similar memorial,

both shall be subjected to disqualification.
The format of the memorial should be as follows:

1). Main body text: Times New Roman, Font Size 12, Line Spacing 1.5

2). Footnotes text: Times New Roman, Font Size 10, Line Spacing 1.0

3). A margin measuring 1 inch on all sides of each page.

4). Page numbering should be at the bottom centre of the page.

5). The Memorial must not mention any of your personal details such as Name,
Year, Roll Number, contact details, etc. which reveal your identity in any
manner.

6). No additional facts must be incorporated or relied upon other than facts
mentioned in the Moot Problem.

7). The style of footnoting must be consistent. The footnotes must be restricted
for providing only bare citations and must not be accompanied by any form of
description or explanation or authorities relied upon.

8). The memorial must necessarily contain (but may not be restricted to) the
following in the order mentioned below:

a) Front Page
b) Table of Contents (1 Page)
c) Index of Authorities (upto 2 Pages)
d) Statement of Jurisdiction (1 Page)
e) Statement of Facts (1 Page)
f) Statement of Issues (1 Page)
g) Summary of Arguments (upto 2 Pages)
h) Arguments Advanced (upto 15 pages)
i) Prayer (1 Page)
The front page of the memorial must be BLUE for Appellant/ Petitioner
/Plaintiff and RED for Respondent/ Defendant.

The cover page of the Memorial must state the following:

COMMON INDUCTION MOOT 2024, LAW CENTRE-1

Name and place of the Court
The Case title
Memorial on behalf of
Counsel appearing on behalf of <insert>

6. MEMORIAL SCORE
The scoring for the written submission (Memorial) is 20 Marks which
shall be divided as follows:
Application and appreciation of facts (5 marks)
Identification and presentation of issues (5 marks)
Application of legal principles/ provisions, use of precedents and
authorities (5 marks)
Consistent footnoting and formatting (5 marks)

7. ORAL ROUND
The Oral Rounds shall be conducted in the notified venue. Each participant
shall get a total of 15 minutes to present their case. The Oral arguments
should be confined to the issues presented in the Memorial.

8. SCORING OF ORAL ARGUMENTS (60 MARKS)

1) Application and appreciation of Facts (10 marks)
2) Understanding of law and procedure (15marks)
3) Use of authorities and precedents (10 marks)
4) Response to questions and articulation (15 marks)
5) Advocacy skills, court craft and demeanour (10 marks)
In case of tie, the following would be order of precedence of the scores
to be considered for the purpose of tie breaker:
1. Oral round score
2. Memorial score
3. Researcher’s test score.
In case the tie still persists, the decision of the Faculty Convener to
resolve the tie shall be final.

9. DRESS CODE
1. For Female Counsel: White shirt with Black/White Pants OR White/Black
Kurta, White/Black Salwar, Black Blazer (Preferable but not mandatory).
2. For Male Counsel: White shirt, Black/White Pants, Black Blazer and Tie
(Preferable but not mandatory).

10. RESEARCHER’S TEST

a) Researcher' Test shall be conducted at the notified venue.
b) It will consist of 10 Multiple Choice Questions of 2 Marks each.

11. CLARIFICATIONS
Participants may seek clarification to the moot problem till 31st March 2024
11:59 PM. The clarifications shall be released on 2nd April 2024 at 12:00 PM.
Clarification file can be accessed at this link.
https://forms.gle/HtUaGzogdk1XmUBA8

Any clarifications or problems or queries with respect to the competition or moot

problem, may be sought at [email protected]. (Preferred Mode)
No memorial sent on this email shall be considered for any purpose.

For queries over phone (Available from 10 AM-8 PM only), For further queries,
you may contact EC Members:
Aditi Chauhan (Executive Council Member): 8427359933
Dhairya Magan (Executive Council Member): 9910632623
Kushagra Agrawal (Executive Council Member): 9811999062
Moot Proposition: Important Instructions:

1. Facts of the moot proposition are purely make-believe and created solely for
the purpose of assessing the necessary legal acumen of the law students.
2. Names, places and locations used in the facts are designed to ensure effective
participation of the students in the competition. Any resemblance of the facts
with any real life situation shall be purely co-incidental.
3. Facts are to be accepted as they appear in the moot proposition. Facts should
not be disputed and are not subjected to any kind of modifications.

MOOT PROBLEM

Ms. X is a 12-year-old bright student of 8th Standard at a prestigious private

school and Mr. Xavier Greene, a 50-year-old man, has been an art teacher in
the same school for more than 20 years.

01.10.2023, Ms. X (“victim”) made allegations of sexual abuse and rape

against Mr. Xavier Greene (“accused”) wherein she alleged that the accused
had outraged her modesty, sexually assaulted and raped her on multiple
occasions during the past six months and threatened her with dire
consequences if she disclosed the same to anyone. Pursuant to these
allegations, the father of the victim informed the police and a First Information
Report (“FIR”) was registered against the accused at City Police Station under
Sections 342, 354, 506, 509 of Indian Penal Code, 1860 (“IPC”) and Sections
5, 6, 9, 10 of the Protection of Children from Sexual Offences Act, 2012
(“POCSO Act”).
During the investigation, the accused was sent for a medical examination
and the medical examination report of the accused confirmed that he is
capable of having sexual intercourse. The medical examination report of the
accused also highlighted some simple injuries on his arms and opined that
the same may have resulted from human nails. The victim was also
medically examined. As per the medical examination report of the victim,
there was no evidence of recent sexual assault on her. Nonetheless, on
03.10.2023, the statement of the victim was recorded before the
Metropolitan Magistrate under Section 164 of the Code of Criminal
Procedure, 1973 (“CrPC”) wherein she stood by the allegations made in the
FIR. The statements of the parents of the victim were also recorded by the
Investigating Officer (“IO”) under Section 161 of the CrPC wherein they
stated that their daughter was sexually assaulted and raped by the accused
on multiple occasions.

However, on 06.10.2023, the accused and the father of the victim arrived at
a compromise and entered into a Settlement Agreement. Pursuant to the
Settlement Agreement, on 09.10.2023, the accused filed a Petition under
Section 482 of the CrPC before the High Court seeking quashing of the FIR.

Going by the Settlement Agreement which was presented before the High
Court along with the Petition under Section 482 of the CrPC, on 11.10.2023,
the High Court allowed the Petition filed by the accused and quashed the
FIR and the entire proceedings emanating therefrom against the accused.

The Order dated 11.10.2023 passed by the High Court noted that the Public
Prosecutor had opposed the Petition. However, the High Court relied upon
the decision of the Supreme Court of India in Gian Singh vs. State of Punjab
[2012 (10) SCC 303] in support of its conclusion that even in non-
compoundable offences, the process of court can be invoked to have the
proceedings quashed on the basis of a compromise entered into between
the parties.
 The State challenged the Order dated 11.10.2023 passed by the High
Court before the Hon’ble Supreme Court of India by way of a Special Leave
Petition (“SLP”) inter alia on the grounds that the offences under the
POCSO Act are serious, grave and non-compoundable in nature and are
against the society and the FIR registered for such heinous offences ought
not to be quashed even if the accused and the family members of the victim
have settled/compromised the matter since such offences have a serious
impact on the minor child victim as well as on the society and permitting
such offences to be compromised/settled and quashing the FIR based on
such compromise/settlement would not be in the best interest of children.
The State further contended that the inherent jurisdiction of the High Courts
under Section 482 of the CrPC though wide, has to be exercised sparingly,
carefully and with caution and the power under Section 482 of the CrPC
cannot be used to quash the FIR under grave offences like offences against
the women and children based on compromise/settlement between the
accused and the family members of the minor victim.

On 20.10.2023, the Hon’ble Supreme Court of India issued notice to the

accused and the father of the victim, the Respondents in the SLP.
Thereafter, the accused and the father of the victim entered an appearance
and filed their respective counter-affidavits to the SLP. The SLP is listed for
final arguments on 13.04.2024.

ISSUES:
Whether an FIR registered for the offences under the POCSO Act be
quashed by the High Court on the basis of the compromise/settlement
arrived between the accused and the family members of the minor victim?
Whether the parents of the minor victim be permitted to compromise/settle
the offences under the POCSO Act with the accused?
Whether the inherent power of the High Court under Section 482 of the
CrPC be exercised to defeat the intent and purpose of a statute like the
POCSO Act?

NOTE:
The participants can frame additional issues or sub-issues.
 “Anything
worth having
takes time.“

Disclaimer
This moot proposition is drafted only for the sake of
competition and has nothing to do with any kind of real life
incidents. The problem does not desire to hurt the feelings
or sentiments of any individual in particular or society as a
whole.

Note:
Moot Court Society reserves the right to change anything
contained in this Handbook. Any dispute arising from
anything mentioned in this Handbook shall be determined
by the Moot Court Society and such determination shall be
binding on the participants.

HAPPY MOOTING !