MOOT COURT

FILE

SUBMITTED BY:- SUBMITTED TO:-

Dr. PHOOLSINGH CHAUDHARY

ROLL NO:-
ENROLL NO:-

JAGANNATH VISHWA LAW COLLEGE

VEER MADHO SINGH BHANDARI UTTARAKHAND
TECHNOLOGICAL UNIVERSITY
 OBSERVATION OF TRIAL (…………….)
Date…………
Name of the Court……………………………………………………………………..
Suit No……………. of 20……
Name of the Parties……………………………………………………………………
Versus

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Brief Facts of the Case: ……………………………………………………………….

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Step taken by the Counsel today: …………………………………………………….

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Brief of Proceedings held today in the Court: ………………………………………

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Citation of a decided case along with the principle of law: ………………………...

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Order made by the Presiding Officer of the Court: ………………………………...

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Name of the Counsel for the Plaintiff/Petitioner: …………………………………...

Name of the Counsel for the Defendant/Respondent: ………………………………

Name of the Student…………………………….

Full Signature of the Student…………………...

Certified that Mr./Ms. ……………………………………………………...attend the

court proceedings in the above noted case today.

Date: Signature with Seal of the Counsel

Registration No……………………….

Full Signature of the Lecturer ……………………………..

 INDEX

S.No. DESCRIPTION PAGE No.

1. Questionaire No. 1

2. Questionaire No. 2

3. Questionaire No. 3

4. Questionaire No. 4

5. Questionaire No. 5

6. Moot Memorial 1

7. Moot Memorial 2

8. Bibliography
 Questionnaires

Ques 1. Explain the meaning of Moot Court and discuss the difference
between the Moot Court and the Mock Trial.

Ques2. Discuss the history of Moot Court in USA, UK and India.

Ques3. Discuss the research method in Moot Court and its kinds.

Ques4. Discuss the Pre-Trial Procedure.

Ques5. Discuss the observation of Trial Proceeding In Civil Matters and

Criminal Matters.
Questionnaire 1. Explain the meaning of Moot Court and discuss the
difference between the Moot Court and the Mock Trial.
Moot court involves simulated proceedings before an appellate court, arbitral tribunal, or
international dispute resolution body. These are different from mock trials that involve
simulated jury trials or bench trials. Moot court does not involve actual testimony by
witnesses, cross-examination, or the presentation of evidence, but is focused solely on the
application of the law to a common set of evidentiary assumptions, facts, and
clarifications/corrections to which the competitors are introduced. [1] Though not moots in the
traditional sense, alternative dispute resolution competitions focusing
on mediation and negotiation have also branded themselves as moot competitions in recent
times, as had role-playing competitions in the past.
Moot court, like law review and clinical work, is one of the key extracurricular activities in
many law schools around the world. Depending on the competition, students may spend a
semester researching and writing the written submissions or memorials, and another
semester practicing their oral arguments, or may prepare both within the span of a few
weeks. Whereas domestic moot court competitions tend to focus on municipal law such
as criminal law or contract law, regional and international moot competitions tend to focus on
cross-border subjects such as EU Law, public international law (including its
subsets environmental law, space law, and aviation law), international human rights
law, international humanitarian law, international criminal law, international trade law,
international maritime law, international commercial arbitration, and foreign direct
investment arbitration. Ancillary issues pertaining to jurisdiction, standing, choice of law,
and remedies are also occasionally engaged, especially in arbitration and international law
moots.

Difference between mock trial and mooting

Moot court replicates the setting of an appellate court. Mock trials allow
students to practice lower court trials. They represent a party, prepare a
case for trial and try the case before judges, who are usually law
professors, and even from judiciary.

Mock trial involves a whole trial. Moot court involves a single oral
argument for each side, plus a rebuttal for the petitioner.

“The biggest difference between moot court and mock trial is the
difference between appellate and trial advocacy. Unlike in mock trial, in
moot court, one directs oral argument at a panel of appellate judges,
usually local attorneys and judges. This type of advocacy requires a
different structure, demeanor, and rhetorical style than trial advocacy.”

“Judges’ interruption of oral argument is the most significant difference

between trial and appellate advocacy, at least in the competitive
context. While no one can interrupt a mock trial opening or closing
statement, judicial interruption and questioning is an essential part of
oral argument. Moot court competitors prepare remarks, but they fully
expect to be interrupted with questions. Judges might ask many
questions or only a few.” Jordan Joske

Mooting Culture in India

The word ‘moot’ originates from a Scandinavian word meaning simply ‘a
meeting’. The meetings concerned were assemblies of the members of
a community for legislative or judicial purposes. The word was given its
present meaning in the English Inns of Court in the sixteenth century
where law students would present their legal arguments on a given set
of factual circumstances (often resembling real cases) before senior
lawyers or judges. Aspiring lawyers were thereby given experience in
the art of persuasion.

In India, the mooting culture started when Bar Council of India

organized the Bar Council of India Moot Court in the year 1981. In the
new syllabus of LL. B. Program, Moot Court is one of the subjects at the
final semester. The students have to present ‘hypothetical cases’ before
the court. They are given external marks based upon their performance
at the competition.

Purpose/Advantages of Mooting
Mooting was earlier not taught as a subject by law colleges. However,
now due to the scope and requirements of lawyers around the globe,
‘mooting’ as a subject has been introduced in the curriculum. Thus, the
students are prepared and groomed as future lawyers before they
complete their degree in law.

Many reasons to moot

Mooting enables students:

1. to think about legal issues;

2. to improve their advocacy, legal research and writing skills;
3. to work closely with and learn from their peers; and
4. to display their competence as an advocate to prospective
employers.
Helpful for future lawyers
Mooting is very important for a student who is going to become a
lawyer. It will help him and make his work easy while appearing in a real
courtroom. Mooting helps a law student understand procedures that are
followed in a court to prepare him for his future.

“Moot Court is useful as it helps a student to become more comfortable

with formulation of arguments and expressing them in front of
judges.” Vrinda Bagaria

Practical training and guidance

A moot court is arranged for giving practical training and guidance to the
law students about the court practice. The students have to argue as if
they are arguing before real court. The students are given marks by
observing their performance. The main purpose of mooting is to assess
the students about presenting the case preparing written submission
and arguing a given case.

Moot court activities provide students with a number of rich learning

opportunities. When students participate in moot courts, they learn how
to work together to analyze complex text, synthesize facts, and prepare
arguments. Students listen and respond to their peers as they take on
the roles of petitioners, respondents and justices. These simulations of
judicial processes prepare students learning different skills.

Moot court teaches advocacy skills

Moot court competitions provide an opportunity to build advocacy skills,
sharpen public speaking skills, and engage in legal analysis in a variety
of legal areas. The ability to speak persuasively is invaluable in legal
careers. An excellent advocate is knowledgeable on the law, masterful
in marshalling facts, skilled in the forensic arts, respectful of decorum,
compliant with proper procedure, mindful of due process, fair with
adversaries, devoted to the client, helpful to the court, honest with
everyone, and, above all, persuasive.

The process of becoming an excellent advocate is a career-long journey

that begins in law school’s first-year legal-writing course. Legal-writing
courses, which culminate in writing a moot court brief and conducting a
moot court oral argument, teach students to think like lawyers, a skill
fundamental to practicing law and a necessary attribute to the good
administration of justice. That thought process requires first-year law
students to read and write in a new language, the language of the law.
But instead of thinking, speaking, and writing in legal jargon, “thinking
like a lawyer” involves understanding how asking and answering
questions can address and resolve uncertainties and ambiguities. Moot
court, the highlight of every first-year legal-writing course, teaches
students advocacy skills to solve legal problems.Lebovits, Gewuerz,
and Hunker1)

Teaching of professionalism and ethics

Moot court also teaches students professionalism and ethics, to apply
law to fact and to structure legal arguments. By giving law students
opportunities to improve their legal writing, legal research, and oral
advocacy in a competitive environment that prepares students for a
competitive world, the moot court experience is unlike any other in law
school. It is, perhaps, the most important activity that fully develops the
advocacy skill, every lawyer must possess. Most students find mooting
to be intellectually rewarding and highly enjoyable.

Confidence booster
Mooting skills boosts up the confidence level of the student. Mooting
requires lots of hard work and efforts with lots of knowledge. The skill of
presentation, logical response to the query of judges and art of
advocacy are must in order to become a successful lawyer. The
students are trained to present case with confidence and clarity before
the judges.

Growth of team spirit

Moot court also develops students’ ability to work collaboratively with
their teammates and other lawyers. The moot court process requires
students to work as a team in formulating legal arguments, an important
talent for practicing attorneys. Competitors working in teams should
work together to write a cohesive brief, even when teammates write
different sections of the brief. Teammates should work together to
review, edit, and revise the brief until it is the best piece of writing the
team can collectively draft. By teaching that a team is only as good as
its weakest link, moot court forces teammates to teach one another, and
all participants learn as a result.Lebovits, Gewuerz, and Hunker.
Development of researching skills
Participants have to analyze a problem, research the relevant law,
prepare written submissions, and present oral argument. Thus,
participating in the moot court competitions helps the students in
enhancing their researching skills.

According to Adam, the type of skills it is possible to develop through

mooting include those related to:

1. focused research, as you must pick out only the necessary

information from cases;
2. time management, as it is limited and you need to stay on top of
everything;
3. camaraderie, as you and your teammate are in it together; and
4. advocacy, as having the opportunity to stand up in front of
practicing judges and barristers - and get feedback afterwards - is
the best experience you can get before entering the legal profession.
Questionnaire 2. Discuss the history of Moot Court in USA, UK and
India.

(1). The moot court culture first was adopted by Britain. India after Independence
adopted many features of Britain, be it a language, constitution, cloths and what
not.

In 997 there was one university Inns of court which was on the same footing with
oxford, nalanda and Cambridge in terms of legal education. That was basically a
law school. In 18th and 19th century formal legal education began in America
where they followed the same practices of teaching as Inns courts, England. The
professors followed the same method of teaching by mooting exercises. Then in
1870 Harvard introduced the case system, thus this was also introduced in
mooting culture and the same culture is been followed by almost every college
and universities providing legal education.

In India the mooting culture started when Bar council of India organised the Bar
council of India moot court in the year 1981. In 1985 learning through moot court
became an integrated feature of Indian legal education. And from that time,
mooting culture is being followed by Indian law institutes.

(2). Some moot court organisations accept a small group of people for membership, and
those members each participate in a number of national or regional moot court competitions.
Other schools accept a larger number of members, and each member is matched with one
competition. A few schools conduct moot court entirely intramurally. Moot court competitions
are typically sponsored by organisations with interest in one particular area of law, and the
moot court problems address an issue in that field. Competitions are often judged by legal
practitioners with expertise in the particular area of law, or sometimes by sitting judges.
The basic structure of a moot court competition roughly parallels what would happen in
actual appellate practice. Participants will typically receive a problem ahead of time, which
includes the facts of the underlying case, and often an opinion from a lower court that is
being challenged in the problem. Students must then research and prepare for that case as if
they were lawyers or advocates for one or sometimes both of the parties. Depending on the
competition, participants will be required to submit written briefs, participate in oral argument,
or both. The case or problem is often one of current interest, sometimes mimicking an actual
case, and sometimes fabricated to address difficult legal issues.
A number of moot court competitions focus on specific areas of law. For example, the First
Amendment Center annually holds a National First Amendment Moot Court Competition, in
which the judges have included numerous United States Circuit Court judges.
(3).In England and Wales the moot will typically simulate proceedings in either the Court of
Appeal or the Supreme Court. Moot questions generally involve two questions of law that are
under dispute and come with a set of facts about the case that have been decided at the first
instance trial.[42] Generally the question will surround a subject that is unclear under the
present state of the law and for which no direct precedent exists. It is normal practice for the
senior counsel to take on the first point and the junior the second; although this may vary
depending upon the exact nature, and necessary length, of the arguments. [43] Typically the
question will focus on one area of law, such as tort, contract, criminal law or property law.
In Scotland a moot can be set in a variety of fora; in civil law problems it is set most
commonly in either the Inner House of the Court of Session or in the House of Lords,
although it is not uncommon for a moot to be heard in the Sheriff Court before the Sheriff or
Sheriff Principal. Occasionally, an Employment Appeal Tribunal may also be used as a forum
for a Scottish civil law moot. If the moot problem concerns Criminal Law, the moot will most
likely be heard as though in the Appellate division of the High Court of Justiciary (commonly
known as the Court of Criminal Appeal). Junior counsel is more likely to take the first moot
point and senior counsel the second (this can however be reversed depending on the
problem). The format of the moot is far more adversarial than that of English and Welsh
moots. This manifests itself in different ways, most notably with the appellants and
respondents facing each other during a moot, rather than, as in England and Wales, facing
the judge.
Questionnaire 3. Discuss the research method in Moot Court and its
kinds.
Research refers to the systematic search of a particular topic or issue. In other
words it can be defined as art of searching knowledge. The Oxford defines it as
“The systematic investigation into and study of materials and sources in order
to establish facts and reach new conclusions.” According to Redman and
Mory(1923), Research is a “systematized effort to gain new knowledge”. Thus,
we can say that research is an attempt to pursue advancement through methods
of study, observations, results, conclusions and experiments. According to
Clifford Woody research comprises defining and redefining problems,
formulating hypothesis or suggested solutions; collecting, organizing and
evaluating data; making deductions and reaching conclusions; and at last
carefully testing the conclusion to determine whether they fit the formulating
hypothesis. In short, the search of knowledge through objective and proper
method of drawing conclusions and solutions to a particular problem is
research.
RESEARCH APPROACHES AND TYPES:
There are two main approaches to research, namely quantitative approach and
qualitative approach. The quantitative approach involves the collection of
quantitative data, which includes experimental, inferential and simulation
approaches to research. Meanwhile, the qualitative approach uses the method of
subjective assessment of opinions, behaviours and attitudes. Research can be of
various kinds where the methods used for researching are quite general in
nature. Like, in case of library research, methods used are the analysis of
documents and the historical records. While analyzing one has to make record
of notes, content analysis, statistical compilation, reference and abstract guides
etc. In case of field research, methods used are the interviews, observations and
surveys taken with a view to collect data.
Research methods include all those techniques, procedures, schemes which are
adopted for conducting research. On the other hand, Research Methodology is
the systematic way of solving the research problem. It is the science of studying
how the research is conducted with the aid of various techniques and
approaches. Research methodologies are the tools that a researcher uses to
collect information. They define what the research activity is and how it will
proceed. Different methodologies are used in the various fields like science,
economics, legal studies etc that are involved. It is necessary for the researcher
to design a methodology for the problem chosen. One should know that even if
the methods used for two problems are same but the methodology can be
different. It is thus, important for the researcher to know not only the research
methods but also to know the methodology.
Framing a strategy is vital to get a good piece of work. At the start of your
research you need to set down clearly:

 Your research focus and formulating the research problem.

 How you propose to examine the topic:
o approaches
o methods of data collection i.e. extensive research survey
 The types and sources of information you need.
 Preparation of research design, how you will access these sources of
information (be they people, existing datasets, biographical accounts,
media articles or websites, official records).
 Determining and collecting the data
 Execution of the project and analysis of data
 Generalizations and interpretations
 The proposed outcome of this research (in your case, a dissertation) and
the form it will take.
 A time-frame for all of this.

MOOTS AND RESEARCH METHODOLOGY:

Mooting requires just the approach, technique, sources of information, and
time. Well what are Moots? In common parlance, Mooting is an excellent way
of learning, practicing and perfecting advocacy. Moot Court is an
extracurricular activity that allows law students to take part in mock
court proceedings. Participants focus their arguments on a hypothetical case
based on any law depending on the nature of the case. Participants have to go
through complete research of the moot problem. They use the various methods
and approaches for researching about the moot problem and for the formulation
of the written submissions. Generally, qualitative approach is referred in case
of moots as one has to refer the existing principles and evaluate them according
to the present problem.
The object of research is around the legal issues which are raised by the moot
question. You should then formulate the arguments which you will use in your
oral submissions. First of all, one has to formulate and raise the issues from the
moot problem.
RESEARCH WORK:
Start by reading all the relevant statutory and case authorities, plus any other
relevant articles. One has to organize the points which could be positive as well
as negative in nature. Once you have your points organized, you need to
compose your Heads of Argument. When the issues are framed, the sections,
legal principle which is applied on the respective argument is submitted before
the court with supporting case laws cited. In India, Manupatra, Indlaw – Legal
databases, tax and regulatory laws of India, Lexis® India, India Law Legal
Database, Bombay Bar Association: Law Database, Indian Kanoon – Search
engine for Indian Law etc are the list of authoritative databases used for
researching relevant cases supporting one’s arguments. The whole research
requires a lot of time and patience. If one finds reading new things interesting,
research work is the best opportunity for them!
Further dictionaries, commentaries, journals, reports, textbooks, references,
articles and all the authoritative books are referred so as to make strong
contentions in your support. There are kinds of citing a particular case.
Students follow Blue Book and other respective methods for the citation if
specified in the rules of the competition. The Bluebook: A Uniform System of
Citation, is a style guide which prescribes the most widely used legal
citation system. Participants go through all the issues and arguments. Next
step is to order the points in such a sequence that one should put forward their
positive points before the negative ones. It ensures stability in the oral
submissions. The arguments must be conducted in a coherent fashion, step by
step.
Basically all we need to do is, All legal research should start with an analysis
of the legal issues. Read your record to find out:

 what issues are raised in the problem

 what legal principles you need to learn more about
 What major cases the lower court relied upon.

Once you have read your record:

 Gather any legal materials mentioned in the record with the aid of books,
sites etc;
 Read the cases, statutes, regulations, and precedents;
 Further, note additional citations to other materials.
Once the memorials or the written submissions are exchanged, team gets the
written submission of another team. The principle behind exchange is that
everyone involved in the moot know what will be argued on the day so that the
mooters can prepare their rebuttals, and judges have the opportunity to examine
the points which the mooting teams are proposing to raise. Participants are
required to thoroughly study the written submissions and do some research.
The authorities, cases, articles cited by the opponents are relevant or not should
be checked. Gather all the weak points of the respective submission and make
key points for the re-buttals while submitting your oral submissions Prepare
notes of key points for your submissions, not a full speech. A moot is not about
speech reading; instead it is all about convincing the panel of judges to accept
your oral as well as written submissions. The art of advocacy is not that of
reading a speech. Finally, the oral submissions including court etiquettes are
responsible for your place in the competition.
CONCLUSION:
Qualities of a good research are: Good research is systematic, logical, an alert
mind and empirical. The most important part of your work is organizing your
research! One may have to go to library or surf on internet and research in a
particular area if needed. Researchers should understand the importance of
knowing how to conduct research. It helps them to develop the thought process
and generation of creative ideas in their minds. It even helps the researcher to
learn the findings, evaluate research and make rational conclusions to it. In case
of moots, Research is the best way for learning the substantive as well as
procedural laws and it provides an opportunity for students to learn from their
faculties, peers and develop the art of advocacy. Mooting prepares students for
the “real world” through the acquisition of various skills. It’s a great
communication tool which helps in building up ones confidence and a way of
learning how to communicate in every field. It helps one to develop and hone
their research skills which would obviously be helpful in their future. A proper
research methodology adopted for the moot problem gives you a good piece of
work and ultimately various practical skills are polished. According to Hudson
Maxim, “All progress is born of inquiry. Doubt is often better than
overconfidence, for it leads to inquiry, and inquiry leads to invention”. New
knowledge is added through research.
Questionnaire 4. Discuss the Pre-Trial Procedure.
The whole of the pre-trial procedure is stated in the part-XII of the Criminal
Procedure Code from section 154 to section 176. These sections are to outline the
basic procedure and actions to be taken by the investigative officers during the
investigation of the offence. These sections are supplemented by other sections of
the Code which provide for  the procedure to acquire evidence, record statements
and file warrants. Jessica lal murder case an excellent example to witness the
function of each provision found within the pre-trial provisions..

The pre-trial phase of a criminal proceeding starts with the filing of the first
information report (FIR) and ends with the filing of the chargesheet with the
Magistrate if the investigation conducted has convinced the investigating officer to
bring the matter to trial. We shall now delve into this pre-trial phase by analysing the
various steps which lead to the filing of the chargesheet. 

First Information of the offence

The procedure of investigation starts on the investigation officer receiving information
about the alleged commission of an offence. The first information that is received
and recorded is known as the F.I.R. (First Information Report)1. Every information
given to the police whether oral or written must be recorded into the general diary, a
book kept at the Police station. If the first information is received via the telephonic or
oral method, i.e, the person comes into the police station and narrates the
commission of the offence, it should be reduced to writing and must be read to the
person providing it. Such a complaint given by statement and reduced to writing is
colloquially called Fard Bayan on the basis of which the FIR is registered. The Code
provides that an FIR filed by a woman with respect to certain offences against
women must be recorded by a woman police officer only. 
In the case of a cognizable offence (offences of a lesser gravity and generally
punished with a period of imprisonment of less than 3 years), the FIR has to be
registered before any investigation on the matter can commence. This was further
stated by the High Court of Calcutta in the case of Tapan Kumar 2. Therefore,
whether with cognizable offences or non-cognizable offences, the FIR is the
founding stone to the initiation of any investigation.
An interesting proposition arose in the Jessica lal murder case 3 with respect to
deciding which communication should be considered to be the FIR. The court
observed that there were three communications made to police at three different
times and one of them was made to the police at the hospital, where Jessica Lal was
declared dead, by a Mr. Shyam Munshi after which the FIR was registered. The
question that arose was, which communication among the three should be
considered as the first information?
The court held that the information received by Shyam Munshi at the hospital must
be considered as the first information of the offence, as the other two
communications were telephonic and hence were confusing in nature.

So the first information that reveals sufficient information on an alleged commission

of an offence is considered to be the first initial information.
Police investigation
Once a FIR has been filed, a Investigating Officer can commence investigation on
the matter which takes form in the following ways,

Examination of witnesses
The investigation starts with recording the statements of the victims and the
witnesses of the alleged incident(if any). This is called the examination of
witnesses4. 
The FIR provides the initial information about the offence, the statements of the
people concerned provides a deeper insight into the sequence in which the offence
was committed or the whole story of the offence that occurred.

For instance, 

‘A’ calls to the police station and reports a theft happened in his house, that is the
initial information of the offence. After the FIR is registered on the basis of the
information provided by ‘A’, Investigation starts and the investigating officer asks ‘B’
about any information regarding the incident or of the day of the incident, those
statements which will be provided by ‘B’ will be recorded as statements or witness
examination statements under section 161 of the Code. 

Any statement or information provided by the person under the examination of

section 161 is not admissible in the court of law. Sub-section 2 of section 161,
provides the power to the person being examined to refrain from giving any
information which can result in self-incrimination 5. The same is safeguarded as a
fundamental right provided under Article 20 sub-clause 3 6.

Search for evidence7 

During an investigation, the investigating team is required to collect evidence to
support or deny the charges that have been made in the FIR, power for conducting a
search is provided by Section 165 of the CrPC, 1973. This section is supported by
section 938 which defines when a search warrant may be issued. For every
evidence/document that the investigating team seizes, they are obligated to produce
a seizure memo recording and indicating all the items they have collected from the
search location. All the evidence that is seized by the investigating team is to be
approved and be original and not fake copies or fabricated by any person concerned
with the case.
Evidence is an object or document which gives light to a fact, for example, in case of
a murder, the murder weapon, the CCTV footage (if any), etc. and all the evidences
are adimissibe in the court of law, unlike the witness examination statements taken
by during the investigation by the investigation officer under section 161.

One of those type of evidence is Confession statement9 (if any), which just like the
statement provided under section 161 to the investigation officer, but the difference
between the two statements is that, firstly, the confession statement is provided in
front of a Magistrate and not a police officer; secondly, this statement so provided by
a person in front of a magistrate is admissible in the court, unlike the statements
provided under section 161. A confession statement does not mean a statement in
which a person accepts the alleged crime on which the trial and investigation is
conducted. A confession statement means, any statement that reveals a new
material fact regarding the case.

Arrest of accused or suspect

The investigation that is conducted by the police is done on the information provided
by the witnesses, victim and the accused. On the basis of the investigation, the
arrest of the accused is made if circumstances provided by the Code require the
same. 

In some cases the accused can be arrested right after the registration of the FIR, but
for that there is a protection provided to accused under section 57 “person arrested
not to be detained more than twenty-four hours” 10, means that any person whether
accused or suspect who is arrested by the investigating team, cannot be detained for
more than 24hrs, until there is a special order by the magistrate 11 confirming said
arrest. These 24 hours are excluding the time of travel from the station to the
magistrate.
Arrests are made by the investigating officer under the power provided by the court
of law by issuing the arrest warrant under section 70 12. The person arrested by the
investigation on a warrant must be produced in front of the magistrate as soon as the
arrest is made, and the delay in bringing the arrested person in front of the
magistrate cannot exceed twenty-four hours as per section 73 of the Criminal
Procedure Code,,,, ,1973.
In some cases when the person against whom an arrest warrant is issued, absconds
or conceals himself/herself so that the warrant cannot be executed, the court can
issue a proclamation/order against that person requiring him/her to appear at a place
and time specified by the court of law13.

Charge sheet or Final report14

Preparation of the charge sheet is the final step in the process of investigation in
which the Investigating Officer reports about every finding he made during the
investigation, the arrested suspect and what is the evidence collected during
statements taken from the Victim, the accused and the witnesses. The charge sheet
is the final document prepared by the investigating officer. This document describes
the detailed steps that were taken by the IO during the investigation. Submission of
the charge sheet to the magistrate is done by a superior officer, who is appointed by
the state government by general or special order15. 
Charge sheet is the report on the basis of which the magistrate concerned would be
taking cognizance of the offence, and by doing so,  will be acknowledging whether
the trial against the alleged accused of the offence should be conducted or not. A
charge sheet has to be submitted within the period of 90 days from the registration of
the FIR. If the investigating officer is unable to complete the investigation of the
offence because of some important testimonial evidence, he/she has the power to
submit the charge sheet without that evidence and can re-submit a supplementary
charge sheet with that evidence to be considered in the case.

Right of an Accused person pre-trial

Every person has rights that protect him/her from getting violated during any
process. Similarly, an accused person also has some rights provided to him/her by
the law so he/she can protect themselves and the right from getting violated by the
police or during the investigation process. Those rights are as follows:

1. Right to know about the accusations and offence he/she has been charged under.
2. Right against wrongful arrest 16.
3. Right of privacy and protection against unlawful search.
4. Right of self -incrimination17.
5. Right against double jeopardy18.
6. Right against the ex-post facto law or retrospective effect of law.
7. Right to bail19.
8. Right to legal aid.
9. Right to a free and fair trial.

Conclusion 
The pre-trial procedure is the first action that has taken place against the offence that
has alleged occurred. An investigation is the most crucial part of any trial, because if
the investigation is faulty, the whole trial will be limited on those grounds.

The investigation is supposed to happen in the light of the procedure that has been
established by the law. This procedure established protects our right to fair trial in the
court of law. Every stage of the procedure steps towards confirming or discharging
the accusations on the person allegedly accused. 

In cases where the summons are not complied with or serious offences, the court
issues a warrant in the prescribed form. Just like summons, the warrant is also made
in writing, sealed and signed by the Court.If the accused tries to abscond and avoids
warrants, the Court can issue a proclamation, giving a person a final chance to
appear before the Court. If the Court seems necessary it can also attach the property
of the person proclaimed.

With all the hard procedure and structure following the law has provided many rights
for the persons involved in the pre-trial process and mainly for the accused. As, the
accused is the one that has a lot of rights about to get violated. 
Endnotes
1.  Section 154 and 155 of Criminal Procedure Code, 1973

2.  Supt. Of police, CBI vs Me Tapan kumar singh (2003) Cr. L.J 2322 (S.C.)

3.  Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1

4.  Section 161 of Criminal Procedure Code, 1973 

5.  Section 161(2) of Criminal Procedure Code, 1973

6.  Constitution of india

7.  Section 165 of Criminal Procedure Code, 1973

8.  Criminal Procedure Code, 1973

9.  Section 164 of Criminal Procedure Code, 1973

10.  Section 57 of Criminal Procedure Code, 1973

11.  Section 167 of Criminal Procedure Code, 1973

12.  Section 70 of Criminal Procedure Code, 1973

13.  Section 82 of Criminal Procedure Code, 1973

14.  Section 173 of Criminal Procedure Code, 1973

15.  Section 158 of Criminal Procedure Code, 1973

16.  Section 57 of Criminal Procedure Code, 1973  

17. Section 161(2) of Criminal Procedure Code, 1973 and Article 20(3) of The
Constitution of India

18.  Article 20(2) of The Constitution of India

19.  Section 50 of Criminal Procedure Code, 1973

Questionnaire 5. Discuss the observation of Trial Proceeding In Civil
Matters and Criminal Matters.

A trial is where two or more parties present evidence and information to

a court of law. Trials are held in courtrooms for both civil and criminal
cases. A civil case takes place to settle claims or lawsuits as a person
or multiple people. In a civil case, there is a plaintiff and a defendant. A
criminal case occurs when charges are brought against a person by the
government. During a courtroom trial, there are several people present
including the judge, lawyers, defendant, court reporter, and others.
Knowing the roles of the judge and other key players in a trial helps in
understanding how a court trial works.

The Judge
The judge is the person who presides over a trial from a desk called a
bench, which is normally on an elevated platform at the head of the
courtroom. A judge has five basic tasks during a trial. First, they are
responsible for maintaining order in the court and presiding over all
proceedings. The judge must also determine the legality of any
evidence to be presented during the trial. Thirdly, the judge is
responsible for giving the jury instructions on laws which apply to the
case at hand as well as standards that must be maintained in deciding
the case. In bench trials, a judge must determine the facts and decide
the outcome of the case without a jury. The fifth and final task for judges
is sentencing criminal defendants after they have been convicted.

The Lawyers
During a trial, there is a lawyer or lawyers for each party who can be
found seated at the counsel tables which face the judge's bench. The
task of each set of lawyers is to bring forth facts that paint their client in
a positive light and prove their innocence. In the case of criminal trials,
one of the lawyers actually works on behalf of the government.
Occasionally, parties will represent themselves instead of hiring a
lawyer, in which case the party is said to be acting pro se, meaning on
their own behalf.

The Court Reporter

A court reporter is present during all trials taking place in a courtroom.
They are seated near the witness stand where they type out the official
record of the trial using a stenographic machine. Under federal law,
every trial must be recorded word for word. The court reporter is also
responsible for writing a transcript of the proceedings if any party
requests a transcript or appeals the case. Transcripts are not made
available to jurors as there is not enough time for them to be created.

The Defendants
During a criminal trial, defendants have the right to be present, and
depending on the crime, are often required to be present in the
courtroom. In civil cases, the defendant is allowed to be present but
oftentimes they are absent from court.

The Court Deputy

There is always a court deputy present during a trial. Deputies are
normally seated near the judge where they administer oaths to
witnesses. The court deputy is also responsible for marking exhibits and
helping the judge keep the trial in order and running smoothly.

The Witnesses
During a trial, witnesses are called to give testimony about disputed
facts in the case. During testimony, witnesses sit on the witness stand,
which faces the courtroom. Witnesses are asked to testify by one party
in the trial and are therefore referred to as defense witnesses,
government witnesses, or plaintiff witnesses.

The Jury
In criminal trials, there is usually a jury present. The jury consists of
people who have been questioned beforehand and deemed to be able
to provide an objective view. A jury consists of twelve members and
often a few alternates in the case that any of the original jury members
need to be dismissed.

During a court trial, the parties are allowed to present their cases using
approved legal procedures. If a jury is present, they are then tasked with
exploring the evidence presented during the trial even further to come
up with a verdict.
 Moot
Memorial
1
 2021

NAME OF THE COURT

CASE TITLE (CASE NAME)

 Table of Content

S.No. DESCRIPTION PAGE No.

1. List of Abbreviations

2. List of Cases Referred

3. Statement of Jurisdiction

4. Statement of Facts

5. Issues Raised from Petitioner

6. Arguments

7. Prayer

8. Issues Raised from Respondent

9. Arguments

10. Prayer
List of Abbreviations
List of Cases Referred
 Statement of Jurisdiction

The court has the jurisdiction in this case as per the…………

 Statement of Facts

A Child borrowed a sum of Rs. 50000 from a money lender by showing him as a person
of 18 years and didn’t return the lender on the stipulated time. The Lender filled a suit
before the court for the recovery of the amount but the respondent (child) in his plea said
that he is minor and he cannot pay back the money.
Issues Raised from Petitioner

1.

2.

3.
Arguments

Issue No. 1

Argument

Issue No. 2

Argument

Issue No. 3

Argument

Prayer

My lordship I prayer on behalf of my client……

Issues Raised from Respondent

1.

2.

3.
Arguments

Issue No. 1

Argument

Issue No. 2

Argument

Issue No. 3

Argument

Prayer

My lordship I prayer on behalf of my client……

 Moot
Memorial
2
 2021

NAME OF THE COURT

CASE TITLE (CASE NAME)

 Table of Content

S.No. DESCRIPTION PAGE No.

1. List of Abbreviations

2. List of Cases Referred

3. Statement of Jurisdiction

4. Statement of Facts

5. Issues Raised from Petitioner

6. Arguments

7. Prayer

8. Issues Raised from Respondent

9. Arguments

10. Prayer
List of Abbreviations
List of Cases Referred
 Statement of Jurisdiction

The court has the jurisdiction in this case as per the…………

 Statement of Facts

Brutal gang rape was committed by the four people on the roads of New Delhi at
midnight dated 25 December 2014. The victim is dead and the district court passed the
death sentence for all accused persons. Now from the respondent side, a review petition
was filed in the High Court.
Issues Raised from Petitioner

1.

2.

3.
Arguments

Issue No. 1

Argument

Issue No. 2

Argument

Issue No. 3

Argument

Prayer

My lordship I prayer on behalf of my client……

Issues Raised from Respondent

1.

2.

3.
Arguments

Issue No. 1

Argument

Issue No. 2

Argument

Issue No. 3

Argument

Prayer

My lordship I prayer on behalf of my client….

 Bibliography

1. Books: To be written in following manner, e.g.

• Jain M.P. : Indian Constitutional Law,

Kamla House, Calcutta, 5th edn., 1998

2. Statutes : To be written in following mannar, e.g.

• Code of Criminal Procedure 1973 (Act No. 2 of 1973)

3. Reports : To be written in following manner, e.g.

• Report of National Commission to review the working of Indian

Constitution, 2002.

4. Articles : To be written in following manner, e.g.

• Prof. Pandey, A.K.; Promise to marry and rape: plea

for constructing non-consent, Dehradun Law Review: A Journal of Law college

Dehradun Uttaranchal University, Vol. 5 Issue – 1, 2013

5. Website : To be written in following manner, e.g.

• http//www.wikipedia.com

6. News Paper : To be written in following manner, e.g.

• The Times of India,

• The Hindu