HOW TO PREPARE A LEGAL MEMORIAL

The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.

1. SWAMI VIVEKANAND SUBHARTI UNIVERSITY Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University

2. HOW TO PREPARE A MEMORIAL

3. What is a Memorial? A memorial or memorandum is are the written submissions made on behalf of the party to the judges. It contains the contentions that are presented into the court in a written form. The memorial follows a universal format. Its language is legal and it contains facts and relevant cases that supports the contentions drafted.

4. DRAFT OF MEMORIAL Cover page; Table of contents; Index of authorities; List of abbreviations; Statement of Jurisdiction; Statement of facts; Issues Raised Summary of Arguments; Arguments advanced; Prayer;

5. Cover page The cover page of each written submission of Memorial must have the following information: The name of the forum (Court) before which the proceedings are being conducted; The name of the case ; The name of the Parties ; The Title of the Memorial (“Memorial submitted on behalf of the Plaintiff or Petitioner or Appellant” or “Memorial submitted on behalf of the Defendant or Respondent”).

6. IN THE HON’BLE HIGH COURT OF JUDICATURE AT MADRAS ABC ………………….. Petitioner versus XYZ ………… ………. Respondent Memorial submitted on behalf of the Petitioner/ Respondent

7. Before The Honorable Supreme Court of India New Delhi CRIMINAL APPELLATE JURISDICTION In The Matter Of Section 326A r/w Section 34 And Section 354D Of Indian Penal Code, 1860 STATE…………………………………………………………………….....APPELLANT v. RAMESH..................................……………...…….....…………........... .......RESPONDENT MEMORANDUM ON BEHALF OF THE APPELLANT

8. Table of contents It contains a list of all the main headings that are included in the memorial, and also mention the page number on every single page.

9. Table of contents List of Abbreviations………………………………. i Index of Authorities Books………………………………………………..ii List of Cases……………………………………. ….iii Dictionaries …………………………………………iv List of Statutes……………………………………….vi Web links …………………………………………..viii

10. Statement of Jurisdiction ………………………….1 S tatement of Facts ………………………………..2-5 Statement of Issues ………………………………..6 ( i ) Issue I (ii)Issue II .. Summary of Arguments ………………………….7-8 Arguments advanced …………………………….9-15 ( i ) Contention I (ii) Contention II .. Prayer

11. LIST OF ABBREVIATIONS It should contain all the abbreviations used. Each abbreviation should contains the full meaning. Use the same abbreviations throughout the memorial.

12. LIST OF ABBREVIATIONS All. : Allahabad AIR : All India Reporter A.P. : Andhra Pradesh Bom . : Bombay Cal. : Calcutta Del. : Delhi Guj . : Gujarat HC : High Court J & K : Jammu and Kashmir Ker. : Kerala M.P. : Madhya Pradesh Raj. : Rajasthan SC : Supreme Court SCC : Supreme Court Cases

13. INDEX OF AUTHORITIES All the materials used to support the argument has to be added. The authorities of Supreme Court and High courts, foreign judgments, statutes, and parliamentary debates are mentioned under the index of authorities. Sources refer through articles, text books, journals, and websites are also mentioned. This is not only helpful for the speaker but also it is useful for the court and other side speaker to easily determine what cases, statutes or other materials are being cited. Uniform citation method has to be followed.

14. books S.P. Sen Gupta, Law of Evidence , 1988, Kamal Law House, Calcutta. Ratan Lal and Dhiraj Lal , The Law of Evidence , 22nd ed. 2006, Wadhwa and Company, Nagpur. Vepa P. Sarathi , Law of Evidence , 6th ed. 2006, Eastern Book Company, Lucknow . M.C. Sarkar , S.C. Sarkar and Prabhas C. Sarkar , Law of Evidence , 14th ed. 1993, Vol.1, Wadhwa and Company, Nagpur. S.K. Sarkar , and Ejaz Ahmed, Law of Evidence , 6th ed. 2006, Vol.1, Ashoka Law House, New Delhi

15. List of cases Gurubaksh Singh v. State of Punjab, AIR 1980 SC 1632 Kartar Singh v. State of Punjab, 1994 Cr.L.J . 3139 Narayana Swami v. Emperor, AIR 1939 PC 47 Nazir Ahmad v. Emperor, AIR 1936 PC 253 Pulukuri Kotayya v. Emperor AIR 1947 PC 67 Abdul Rajak v. State of Maharashtra, AIR 1970 SC 283. Chunni Lal v. Union of India, AIR 1964 HP 27. Dharma v. State, AIR 1966 Raj. 24. Jaffar Hussain v. State of Maharashtra, AIR 1956 SC 217. Lalji Dusadh v. Emperor, AIR 1928 Pat. 162. Om Prakash v. State of U.P. , AIR 1960 SC 409

16. List of Statutes Code of Criminal Procedure, 1973 Indian Contract Act, 1872 Indian Penal Code, 1860 Indian Evidence Act, 1872 Terrorist & Disruptive Activities (Prevention) Act, 1987

17. Dictionaries John Simpson & Edmund Weiner, The Oxford English Dictionary, 2 nd ed. 2009, Oxford University Press, London. Halsbury’s Laws of India, Lexis Nexis , Butterworths , Nagpur. WEBLINKS http://www.legalindia.in/confession-statement-to-police-is-weak-evidence-supreme-court http://www.manupatra.com http://www.scconline.com

18. STATEMENT OF JURISDICTION It means which court is competent to hear your case. The jurisdiction of the court should be clearly mentioned with the reason. Finding the proper jurisdiction is very important.

19. Statement of Jurisdiction The Appellant (State) on one side, and The Respondent ( Ramesh ) on the other, has respectfully submitted in Criminal Appellate Jurisdiction matter under Article 136. Therefore, both the parties have accepted the jurisdiction of the Supreme Court of India. 

20. STATEMENT OF FACTS These statement of facts/ synopsis of facts are an important part in memorial presentation. It generally convinces the court about your client’s position. A judge may be well versed in law but he doesn’t know about the facts of your particular case. So, a brief summary of facts have to be written clearly in the beginning of the memorial. The relevant facts has also been briefly mentioned properly in this Colum.

21. STATEMENT OF FACTS That Reema (hereinafter referred as “victim”), an eighteen year old girl was a student of 12 th class belonged to a lower middle class family as her father is a clerk in a private firm. Ramesh (hereinafter referred as “Respondent”) Maths teacher in her school secretly developed emotions for her. That on her 18th birthday Respondent organised a birthday party gifted her expensive watch. Unaware of Respondent feeling, she accepted it. On 14th February 2013, Respondent proposed to her for marriage. That on 20th February, Respondent approached her parents with the proposal. However, they rejected his offer and warned him not to contact her anymore as they did not want that there should be any kind of distraction to their daughter as her XII boards were approaching. That victim clarify him that she will not go against the wishes of her parents and he should not follow anymore, but even after that Respondent keep on contacting her through phone, internet etc. And later hr parents beat him and asked him to leave. That Respondent approached Mahesh and he suggested to Respondent that he should find victim alone and take her to the temple for marrying her without information to her parents and further, planned that they will threaten her with a bottle of acid to pressurise her to come with them to the temple. That on 23rd March, 2013 as per the plan, finding victim passing on a lonely road, Respondent and Mahesh, approached victim and asked her to accompany him to the temple so that they can get married. On victim’s refusal, Mahesh carrying the bottle of acid, threatened victim. That Respondent dragged her into the car and she starts shouting loudly. Mahesh out of the rage and anger opened the bottle and threw the acid on her face and both of them fled away in the car belonging to and driven by Respondent. Leaving the girl in immense pain.

22. ISSUES RAISED This is a short introductory statement of the legal issues or points of law involved in the case. It tells the judges precisely what legal issues the speaker wants the court to decide. These statements should be phrased to help one argue for a particular conclusion rather than simply against the other side.

23. ISSUES RAISED Whether the Respondent is liable under Section 326A r/w Section 34 of IPC, 1860? Whether the order passed by the Hon’ble High Court regarding the quantum of punishment and compensation is valid or not? Whether the Respondent is liable under Section 354D and Section 366 of IPC, 1860?

24. SUMMARY ARGUMENTS This is a brief summary of arguments based on the issues raised.

25. SUMMARY ARGUMENTS The Respondent is liable under Section 326A r/w Section 34 of IPC. Respondent and Mahesh made a plan to take victim to temple by taking the advantage of her loneliness and forced for marriage when the victim starts shouting in her private defence, they use the bottle of acid which is already in their planning proves the common intention, Where an attack on the victim with an acid caused him to lose the sight of one eye thereby ending her career, it was held that given the use of weapon. The order passed by the High Court regarding the quantum of punishment and compensation is valid or not. The Appellant submits that there is recent Criminal Law (Amendment) Act, 2013 to the law which give ten years to a maximum of life imprisonment to the criminal for destroying another human being. The punishment should be for life, nothing less. There should not be bail for such a horrific crime. A person, who can wilfully destroy another human being in this fashion, is very dangerous to have around and should be behind bars. The Respondent is liable under Section 354D and Section 366 of IPC The Appellant also avers that The law defines acid attack as a separate Indian Penal Code offence and proposes punishment of not less than 10 years to a maximum of life imprisonment for perpetrators and fine that could go up to Rs.10 lakh . S ection 366 IPC “ Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person”. It is transpired in the evidence of the prosecution that Respondent is in love with the victim so the aggression of the rejection compels him to take the step which states the abduction under the eye of law. The right of private defence under section 100 extends even to the causing of the death of an attacker under certain circumstances such as an assault from which it may be clear that death or hurt are likely to follow, an assault with the intention of committing rape or satisfying unnatural lust upon a person, an assault made with the intention of kidnapping, and an assault intended for wrongful imprisonment. The Criminal Law Amendment Act, f2013 has introduced a seventh category of private defence which includes an acid attack within its ambit. If a person is apprehensive of being hurt by an acid attack, that person has a right of private defence which extends to causing the death of the attacker. When acid is thrown on a person, the results can be horrifying. Nitric, hydrochloric, or sulfuric acids all have a catastrophic effect on human flesh. It causes the skin tissue to melt, often exposing the bones below the flesh, sometimes even dissolving the bone. When acid attacks the eyes, it damages these vital organs permanently. Many acid attack survivors have lost the use of one or both eyes. The victim is traumatized physically, psychologically and socially.

26. ADVANCED ARGUMENTS This is the heart and soul of the memorial. Every part of the argument must be supported by legal authority. Arguments should be well-organized and convincing. Each point the team wants the court to consider in deciding the case must be described, the reasons explained with appropriate references to research materials used, and text citations should be inserted as frequently as needed.

27. Contd ……. Arguments should address legal precedent and policy issues. Each part of the argument first address the issues supporting one’s own case. Then, address contentions anticipated to be brought up by the opposing party. The argument should be written in forceful, active, positive language . It is best to avoid the passive tense. Headings and subheadings are used to help clearly organize the argument.

28. ADVANCED ARGUMENTS Whether the Respondent is liable under Section 326 A r/w Section 34 of Indian Penal Code, 1860? Grounds for the offence committed The Appellant humbly submits to this Hon’ble Supreme Court that the Respondent and Mahesh are held liable for an offence under Section 326A r/w Section34 of IPC, as these Sections clearly indicate the offence of acid attack and common intention respectively. According to the statement of facts it is already mentioned that Respondent fall in love with the victim and keep on following her even after, the strict rejection by the her and her family. But, Respondent did not give up and try to contact her through mails, phone, internet etc. with the negative response from the victim and rush away to Mahesh. With the feeling of enraged and revenge they planned a criminal conspiracy with the common intention of acid attack and forced marriage which is against her will. Every act done “against the will” of a person is done “without his consent” which expression imports that the act is done inspite of the opposition of the person to the doing of it. The Order passed by the Hon’ble High Court is not justified The High Court was not at all justified in taking a different view or conclusion from the trial court. The judgment of the High Court is vitiated by non-consideration of the material evidence and relevant factors eloquently emerging from the prosecution evidence. The High Court in a sketchy manner reversed the judgment of the trial court without discussing the deposition of the witnesses as well as all relevant points which were considered and touched upon by the trial court. Section 326A of Indian Penal Code : A person who throws or administers acid on another person and causes damage or deformity is liable for an imprisonment that is not less than ten years, and may extend to life imprisonment. Any fine that is collected under section 326A is granted to the victim for medical expenses. Section 34 of Indian Penal Code, 1860: Common Intention: Acts done by several persons in furtherance of common intention. When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Khanlin-ur-Rehman , (1933) 11 RAN (2013) FB

29. Conti. Wrong Acquittal of Respondent and Mahesh In order to bring the charge of common intention by the evidence, prosecution has to establish, whether direct or circumstantial, that there was a planning or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of the moment; but it must necessarily be before the commission of the crime. The true concept of the Section 34 is that if two or more persons. Here in this case there was the pre-meeting of the mind. However, intentionally do an act jointly; the position in law is just the same as if each of them has done it individually by himself. Further, as observed in Ashok Kumar v. State of Punjab the existence of a common intention amongst the participants in a crime is the essential element for application of this section. It is not necessary that the acts of the several persons charged with commission of an offence jointly must be the same or identically similar. The acts may be different in character, but must have been actuated by one and the same common intention in order to attract the provision. Thus, the position with regard to Section 34 IPC is crystal clear. Since the Respondent was present at the scene of occurrence and simply watched Mahesh was throwing acid on the victim without preventing him from doing so, clearly establishes that Respondent had intended to cause injury and also, disablement of the victim and as such is liable to be punished under Section 326A of IPC. The fundamental principal of criminal liability is that there must be a wrongful act- actus reus , combined with a wrongful intention- mens rea . This principle is embodied in the maxim,  actus non facit reum nisi mens sit rea . Meaning an act does not make one guilty unless the mind is also legally blameworthy. Actus Reus: Comprises the following: Human Conduct or an Activity. The Result of the Act Prohibition by Law. AIR 1977 SC 109

30. Whether the order passed by the Hon’ble High Court regarding the quantum of punishment and compensation is valid or not? Grounds of errors in the order of the Hon’ble High Court under Section 326A r/w Section 34 of IPC,1860 It is a humble submission to this Hon’ble Court that, the victim deserves the justice, by imposing the rigorous punishment on Respondent and Mahesh. Therefore, Appellant submits its submission in the present matter through the appeal before this Court on the grounds that the Hon’ble High Court has failed to notice the important statement of facts that there was a common intention and the acid attack by Respondent and Mahesh. However, Mahesh is absconded and was declared a proclaimed offender and Hon’ble High Court acquitted Respondent. The Hon’ble High Court has failed to notice the actual fact that Respondent and Mahesh have a complete involvement in the criminal conspiracy to harm the life of the victim who is young girl in such an inhuman manner. Further, Respondent and Mahesh taking advantage of the loneliness, drag the victim in the car and the victim starts shouting in her private defence, out of the public fear they use the bottle of acid which is already in their Section 34of I.P.C., 1860 Common Intention: Acts done by several persons in furtherance of common intention. When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

31. PRAYER The reliefs claimed by the parties should be clearly mentioned. More than one relief may be claimed in one cause of action. Following the prayer signature of the counsel must be stated.

32. Prayer   In light of the questions presented, arguments advanced and authorities cited, the counsel for the Appellant most humbly and respectfully pray before this Hon’ble Supreme Court, that it may be pleased to adjudge and declare that: The Respondent and Mahesh should be convicted for life imprisonment. To enhance the compensation Rs. 3,50,000 /- to the victim and her family . The Appellant additionally prays that the Court may grant any provisional relief and may direct the Respondent to pay appropriate monetary compensation that it may deem fit. "This Hon’ble Court may pass any order, decree, judgement to meets the end of justice."       Respectfully submitted, …………...….……...……………………   (Counsel for the Appellant)                  

33. GENERAL INSTRUCTIONS Use font size 14 , Times New Roman in the headings Use font size 12 , Times New Roman in the main text Use font size 10 , Times New Roman in the footnotes Cite the address of web pages as it is and add date of last visit to the webpage; time; place along with the web address.

34. on behalf of Moot Court Association Faculty of Law, Swami Vivekanand Subharti University