Bahra University, Waknaghat, Solan (H.P) School of Law Bahra University, Waknaghat, Solan (H.P) Bahra University, Waknaghat, Solan (H.P)
Bahra University, Waknaghat, Solan (H.P) School of Law Bahra University, Waknaghat, Solan (H.P) Bahra University, Waknaghat, Solan (H.P)
Bahra University, Waknaghat, Solan (H.P) School of Law Bahra University, Waknaghat, Solan (H.P) Bahra University, Waknaghat, Solan (H.P)
School of Law
Bahra University, Waknaghat, Solan (H.P)
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2nd NATIONAL MOOT COURT COMPETITION, 2019
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2nd NATIONAL MOOT COURT COMPETITION, 2019
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2nd NATIONAL MOOT COURT COMPETITION, 2019
Chief Patron:
Shri. Gurvinder
inder Singh Bahra
Hon’ble Chancellor,
Bahra University, Waknaghat
Patron:
Prof. (Dr.) Satish Kumar
Vice- Chancellor,
Bahra University, Waknaghat
(CO- CONVENER)
Mr. Umesh Kumar
Assistant Professor,
School of Law,
Bahra University, Waknaghat
Ms. NehaRai
Assistant Professor,
School of Law,
Bahra University, Waknaghat
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2nd NATIONAL MOOT COURT COMPETITION, 2019
(ORGANISING COMMITTEE)
Mrs. Dimple Jishtu
Assistant Professor,
School of Law,
Bahra University, Waknaghat
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STUDENT COORDINATORS
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MOOT PROPOSITION
Indiana is a country whose laws are in pari materia with the laws of India. The
Constitution of Indiana, like the Indian constitution, emphasises inter alia the need
to protect women and children and allows for the making of special laws for this
purpose. In 2014, noting the increasing crime amongst youth,
youth, the need to protect
vulnerable youth and the increasing maturity levels amongst teenagers in Indiana,
the government of Indiana enacted a new legislation, with the dual purpose of
protecting children in need of care and to deal with children in conflict with the
law.
Samar, Aaryan, Subhash and Ratan have grown up in tough conditions in the
Munga district of South Indiana. While Samar and Subhash have never known
their fathers, Aaryan comes from an abusive household, where he was always
beaten up by a drunken
nken father. Ratan is an orphan who has grown up on the
streets, fighting for each meal since the day he was 4, when he was abandoned by
his parents. He was in and out of a few orphanages till the age of 10, after which
he lived only off the streets. In their early teens, the four boys met at a local play
ground and an instant friendship was struck among them. Initially they would play
together, football being the game of choice at the local maidaan. Soon, they began
spending more time together. Slowly but surely they were led astray. They began
consuming alcohol and slowly moved on to cheap drugs. In 2015, by the time they
were 14, they were a notorious gang who committed several petty offences in order
to fund their drug habit. They were infamously known
known as the “baccha gang”. They
mainly focused on shop lifting, pick pocketing, stealing petrol, cycles and footwear
from outside religious places, etc.
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2nd NATIONAL MOOT COURT COMPETITION, 2019
Although the police had caught them a few times, they were never arrested and
were always let free, primarily owing to their age. The police did maintain a roster
of known offenders and as such, the names of the four boys had been entered on
this roster as petty thieves in the Kalaghat police station in Munga.
In Early 2016, the “Baccha Gang” befriended and included within their fold, a 12
year old boy by the name of Sam. Sam came from a middle class family. His
parents had recently divorced and he was a disturbed child looking for a sense of
belonging and family. He immediately took a liking the four members of the gang
who treated him like a younger brother. Initially, Sam had no idea that the gang
involved itself in criminal activity. He could be found playing with the four boys in
the maidaan, and spending the entire day with them. He stopped going
goin to school
and would spend the whole day with them at times. They would sometimes ask
him for money, which he would steal from his mother’s purse and give them.
Sometimes, they made him carry strange looking paper bags in his school bag.
They even taught
ht him how to smoke and drink.
By June 2016, Sam had realized the full extent of the gang’s activities and was not
comfortable being with them. He slowly and surely started distancing himself
from the gang with the hope that he could soon be rid of them altogether. He
began focusing on school, attending school every day and sports. By August of
2016, he rarely saw the baccha gang.
This did not go well with Samar, the eldest of the four boys. He told the rest of
them that they needed to make sure Sam learnt a lesson and mended his ways. On
the night of the 5th of January, 2017, at around 7 PM, the baccha gang met Sam at
Kila tea stall. After a brief talk they all left, are going towards the woods that were
on the outskirts of Munga.
On the Morning of 6th, Sam’s mother, along with her father, approached the
Kalaghat Police to file a report about a missing person. They said that Sam had
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2nd NATIONAL MOOT COURT COMPETITION, 2019
left home around 5 in the evening and had not yet returned. The police launched a
manhunt and after 2 days the body of Sam was found in the woods surrounding
Munga. An autopsy revealed that he had died of severe injury to the head,
primarily the result of blunt force trauma caused by repeated beating with a hard
blunt object on the skull. His entire face was badly disfigured
disfigured and the body was
identified by clothes and a school ID in the pant pocket. The Autopsy also showed
signs of a struggle, several bruises on the body, foot mark shaped bruises, internal
haemorrhage and blood loss. Forensic experts were able to recover
reco a stone near
the spot where the body was found with blood and tissue that matched Sam. Sam
would have been thirteen on the 10th of January. The brutal murder was picked up
by the media and created mass hysteria and outrage. People were calling for the
culprits to be caught and brought to book as soon as possible.
Unfortunately, no evidence was found, no suspects were arrested and
an the matter
cooled down. On June 21st, 2017, Samar was arrested on charge of robbery.
During a search that followed, a notebook belonging to Sam and a few photos of
Sam and his family were recovered from his residence. Finding this sufficient to
question
on him as a suspect for the murder of Sam, the Police began a hard line of
questioning. It came to fore that, on the night of the murder, the baccha gang were
the last to see Sam and they had all left for the woods together. Aaryan, Subhash
and Ratan weree arrested immediately and they were all booked for murder.
According to documents, on the date of the murder, Samar was 18 years and 12
days, Aaryan was 17 years and 350 days, Subhash was 17 years and 5 days. Ratan
was 16 years and 200 days old. But their
their medical reports showed that they were all
over the age of 20 on the date of arrest.
Indiana enacted the Juvenile Justice (Care and Protection of Children) Act, 2014
on the 31st of January, 2014. This Act is Pari in Materia with TheJuvenile Justice
(Caree and Protection of Children) Act, 2015 as enacted in India. In accordance
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2nd NATIONAL MOOT COURT COMPETITION, 2019
with this law, the three boys aged below 18 but above 16 at the time of alleged
commission of the crime, were sent before the Juvenile Justice Board, who had to
decide if or not, they were to be tried as adults. The Boys vehemently denied any
involvement in the murder of Sam and claimed no knowledge of his whereabouts
after they had all returned from the woods on that fateful day. The Board, with the
help of eminent psychologists
psychologists and psychiatrists, determined that the boys were
well aware of their actions and capable of being tried as adults and accordingly
committed the matter to the Sessions court at Munga, since no special children’s
court had been established. Based on the eevidence
vidence before it, the Sessions court
found all three boys guilty of the murder of Sam and the Judge commented that it
was a fit case for life imprisonment but since his hands were tied by the law, he
sentenced them to 8 years of Rigorous imprisonment each.
each
Samar, on the other hand, was tried as an adult by the Sessions court, as he was
over the age of 18 on the date of commission of the offence. He was found guilty
of the torture and brutal murder of Sam and sentenced to life imprisonment in
prison, with life meaning life.
Samar filed an appeal in High Court but respective High Court upheld the decision
of Session Court. After that he filed an appeal in Supreme Court of Indiana.
Immediately thereafter, A public interest litigation was filed by an organi
organization
called People for the Education and Protection of Children (PEPC) under Articles
226 and 227 of the Constitution of Indiana before the High Court of South Indiana.
The PIL alleged that the Juvenile Justice (Care and Protection of Children) Act,
2014,, primarily Section 15 and the committal proceedings were unconstitutional
and violative of Articles 14 and 15 of the Constitution and that the Act itself
violated Article 20(1) and 21 of the constitution. PEPC vehemently urged that the
whole concept of treating
reating 16
16-18
18 year olds differently after having defined a child
as any person below the age of 18 is unconstitutional and baseless. The PIL also
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2nd NATIONAL MOOT COURT COMPETITION, 2019
reiterated that the decision of the Board to try the three boys as adults was
subjective and biased, primarily
primarily due to public rage, that, it had been six months
since the incident and the state of mind of three children during the incident could
not be determined after six months. The PIL also contended that the Act was
against the UN Declaration on the Rights of the Child, a declaration to which
Indiana was a signatory and which it adopted. The Supreme Court on its own
motion transferred the writ to itself, to be heard in the same case of Samar and
clubbed the both, Writ Petition as well as appeal filed by Samar.
The Supreme Court shall hear the matter, on all points including admissibility.
Law of Indiana, namely The Constitution of Indiana, The Indiana Penal Code, the
Criminal Procedure Code, The Law of Evidence and the Juvenile Justice (Care and
Protection of Children) Act, 2014 are materially the same as The Indian
Constitution, Indian Penal Code, The Criminal Procedure Code, The Law of
Evidence and the Juvenile Justice (Care and Protection of Children) Act, 2015 as
enacted in India.
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II. PRIZES
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IV. REGISTRATION
a. The Registrationn form complete with all Team Details must be submitted online by
25TH MARCH, 2019 (nmccbu2019@gmail.com).
(
b. A registration fee of Rs. 5000.
c. No change in the names of the participants shall be permitted after the receipt of the
Registration Form.
d. Teams should clearly mention the names of all participants in the team, including
course, year/semester of study and contact no.
e. No team would be facilitated with the certificates during the competition. The same
shall be provided only in the Valedictory Ceremon
Ceremony.
y. No certificates will be sent
through courier.
Registration by Post: The duly filled in hard copies of the Registration Form along with
ademand draft of INR 5,000/
5,000/- (Indian Rupees Five Thousand Only) must reach the Organizers
by 30-03-2019.
Address for Post: The hard copy of the Registration Form along with Demand Draft shall be
sent on following address only through Speed Post/Registered Post
To
The Dean,
School of Law,
Bahra University,
P.O. Waknaghat, Distt. Solan, Himachal Pradesh, 173 234
Demand Draft: The demand draft of INR 5,000/- (Indian Rupees Five Thousand Only) shall
be drawn in favour of “Bahra University, Waknaghat” payable at UCO BANK,
Waknaghat,, Solan Himachal Pradesh.
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The participating teams must send their Registration Forms accompanied with demand draft only
through Speed Post. The teams shall solely be responsible for any kind of delay in receipt of
Registration Form.
V. DRESS CODE
Inside the court room the participants shall follow the below mentioned dress code:
• Females: White Kurta, Black Salwar and Black Dupatta or White Shirt and Black
Trousers along with the Black Coat and Tie.
• Males: White Shirt, Black Trousers, Black Tie along with Black Coat and Black Shoes.
VI. ACCOMMODATION
OMMODATION
The participants would be provided Accommodation for the period of the Competition in
the premises of the Institute. Please note that separate accommodation will be provided for
girls and boys. However, they may sit together for team work in the library/café of the
institute. You are advised to check the weather conditions of Shimla before leaving from
your native places.
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The maximum time provided would include the time that each team may wish to
reserve for their rebuttal/sur-rebuttal.
rebuttal/sur rebuttal. At the commencement of each session, the team
shall notify the Court Officer/Court Clerk regarding the division of time between the 2
speakers (including rebuttal/sur-
rebuttal/sur rebuttal)
X. MEMORIALS
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• All teams must submit the soft copy of their Memorials for both sides. Also, the teams
shall bring along SIX (6) Hard copy of their typed Memorials for both sides which shall
be submitted at the time of registration.
• The Memorials must fulfill all the following specifications;
Index
Index of Authorities
Statement of Jurisdiction
Synopsis of Facts
Statement of Issues
Conclusion / Prayer
• The memorials shall not be in more than forty (40) pages and the Arguments Advanced
shall not exceed more than twenty five (25) pages.
• The Memorials shall be typed on A4 size page in Font type: Times New Roman, Font
size: 12, 1.5 line spacing & 1 inch margin on each side. 19thBlue Book pattern shall bbe
followed.
• The Cover Page of the Memorials must follow the following color scheme, Blue for the
Applicant Cover Page and Red for the Respondent Cover Page. The Memorials must be
spiral bound ONLY. Each team would be provided with a MEMORIAL CODE at the
time
me of online registration which will be mentioned on the top right hand side of the
cover page of each memorial in BOLD LETTERS
• The memorials exchange will be for Preliminary Rounds, Quarter Finals, Semi-Finals
Semi &
Finals.
• The Memorials must not contain any Annexures/ Photographs / Sketches/ Exhibits /
Affidavits etc.
• Memorials that do not comply with the above mentioned specifications will be penalized.
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• One soft copy of memorials of each side (in PDF format)) and scanned copy of Travel
Form, must reach the organizers latest by 18TH APRIL, 2019 on
nmccbu2019@gmail.com
nmccbu2019@gmail.com.
• Each team shall comprise of two (2) speakers, as has been specified earlier.
• Court language shall be English.
• Each team will have a maximum of thirty (30) minutes to present their Oral
Submissions in Preliminary Rounds. No speaker will be permitted to address the Court
for more than
an seventeen (17 minutes). This includes the time the speaker addresses the
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2nd NATIONAL MOOT COURT COMPETITION, 2019
• If at any instance, a submission is made with any material in violation to the above
clause and if any picture, sketches, photos, cartoons, caricatures, audio film, video film,
projector- slide or a computer generated image is submitted or presented to the court,
the teams shall be disqualified from the competition forthwith.
• During the course of the Oral Submissions speaker shall neither reveal his/her identify
nor the identity of their University
University / College by any means whatsoever.
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EVENT DATE
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REGISTRATION FORM
Address:…………………………………………………………………………
…………………………...………………………………………………………
……………………………………………………………………………………
……………………………………………….
Name and Contact no. of the Teacher incharge of the Moot Society: …………………
City:……………………….…………
State:…………………………………
Pin:……………………….
First Speaker
Contact No ___________________________________
e-mail
mail ID _____________________________________
Signature:
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2nd NATIONAL MOOT COURT COMPETITION, 2019
Second Speaker
Mr. / Ms.________________________________
PASSPORT
Semester / Year __________________________ SIZE
PHOTOGRAPH
Contact No ______________________________
e-mail
mail ID_______________________________
Signature:
Researcher
Mr. / Ms.________________________________
e-mail
mail ID_______________________________
Signature:
DD NO.:__________________________________________________________
__________________________________________________________
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TRAVEL FORM
ARRIVAL DETAILS
Date___________________________________________________
Time___________________________________________________
Mode of Travel:
Arrival Place:
DEPARTURE DETAILS
Date___________________________________________________
Time___________________________________________________
Mode of Travel:
Teacher
eacher Associated with the team):
1.………………………………………………………………………
2..……..……………………………………………………….………
NOTE: All the teams have to arrive before 12:00 pm on 23rd April,
2019 for the registration and draw of lots for Preliminary Rounds.
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