Drafting a Moot Court Memorial

Hi guys, this is Isha Kapoor and you're watching V-LOGISH. I'm back with a new video where I'll be talking about, this will be all about mood code memories, on how you draft them, how is a cover page formed, how is a prayer formed. And please wait for the next video where I am going to be telling you about how to prepare arguments, oral arguments for the oral rounds and move codes. So I hope if you watch this video, you will subscribe to my channel and you will share it with your friends. You will comment down below about what more videos you want to see on my channel and you will also like this video. Thanks a lot and let's get started with this video. As I began searching for my past moot court memorials, I found out these four really good memorials that I made in the year 2017-18 and I think till 2019. I would like to, before this video begins, I'd like to specially thank my team which consisted of three members. They know who they are and I think they might watch this video as well. So I really really love all of you I mean the two of you and i think i had the best team of all and as you can see here the memorials were really well drafted and i felt uh the kind of hard work we did even uh the day i was making this video so uh cheers to the team i am glad that i had you guys as the team uh also uh if you see these are the cover pages so i am showing the cover pages in the beginning only so that you know how you have to frame this memorial and i'll be starting with the detailed video now so this is the moot court memorial that i'm going to be showing you today for this video to make you understand how an actual memorial for a moot court competition is created so a memorial is like any other pleading that you make before the court where you have to give your detailed arguments, summary of your arguments. The cover page, of course, is different because this is a competition and you have to reflect that as well here. So if you see, this was a memorial which I made in the year 2017 when I just entered the third year of my law. I went for a moot court competition and there were three members in my team. three of us equally put in efforts to actually make this memorial possible and we went to the competition and it really went great. So this is how we prepared it. First, you should mention the name of the court on which you are going to present, in which you are going to present your pleading before the kind of bench you're going to present your pleading. Because this was a case where the statement of facts itself said that the case has already been decided by the trial court and the result and the high court has also pronounced its judgment so it it was a special leave to appeal before the supreme court of india hence i have written that only here thereafter the number of the case which of course we don't know in competition so we did leave that empty then filed under article 136 of the constitution of india so you can mention the relevant section in which you are making your memorial you're filing it Uh, any section of appeal, any section of original jurisdiction and any article of original jurisdiction that you can put in here. Anything from the CRPC as well. Then we mentioned the name of the parties. So here these were the parties. We called the parties. The relevant nomenclature here was appellants and respondent. So you have to keep in mind that if you are a petitioner, then you say appellant. If you are an appellant, then you say appellant. where the respondent is called respondent, where the defendant is called defendant, where the applicant is called applicant applicant will be in very few situations in moot court, this is what I have observed then in the end you will write, you will have to tell who is this written submission on behalf of therefore this written submission was on behalf of the respondent and it was prepared by whom it was prepared by you, you will also mention this, it was prepared by the council for the respondent Okay. Thereafter, you will be... Now showing you the second page. So thereafter you will be preparing an index. In index you have to write everything. From where to where. Your way of making an index can be completely different. It can be different from what I have done. So first comes. From here you will also get to know. What all headings should be there in a moot court memorial. So there should be an index of authorities. There should be a statement of jurisdiction. Synopsis of facts. I mean, facts which are already given by the organizing committee of the competition. Then there should be a summary of arguments. Then there should be the actual arguments or the pleadings that you're making. Then there should be a prayer in the end. That is what you are seeking from the court or what you desire from the court. Thereafter, the third page from which we started our index of authorities. In index of authorities, you have to mention the name of every authority which you used while preparing this case, all the journals, case laws, books, statutes, law commission reports, or any other, or any online databases you referred. So whenever you, in fact from the very first day of when you begin your preparation for the moot court, competition, you should start noting down what all authorities you are using. And for books, I would advise you to take pictures of the cover page and the first page of the book, where the name of the publisher, then the year of print and the place of publishing, all of that is written because all of that is required in many styles of footnoting. And you might need it to complete your memorial. So you can do this. In index of authorities, we referred to all these cases. This was criminal law moot. So you will find all these. It had gang rape problem involved. It was also related to juvenile act. So you will find all these cases. Journal Singh, Pawan Kumar is also on punishments. Appeal was there so we have put such cases. Machhi Singh, Bachchan Singh, Pani Ben, Manodat, Khachedu Singh, Sundar Singh, Israr. Navjot Sandhu's case then Dayal Singh was the state of Uttaranchal Dharamdeo Yadav which is a very landmark judgment you will get cases on dying declaration because he was also involved in this problem so this number of cases you are seeing nothing like this that you have to write so many number of cases you have to write hundreds of cases but you should write all relevant cases Of course, there are going to be cases from where you'll... only be picking up certain observations but do make sure that if you are writing it it should be supporting you it it shouldn't be something like picking one part of the judgment and not reading the other part which runs contrary to you so the ratio of the judgment should be in your favor but if you only want to state the observations go ahead I won't stop you if you think that's relevant for your mood problem. Then we come to the statutes. Of course, it's a criminal law problem. So we refer to IPC, CRPC. I'm really sorry because there's a typing mistake in here. This section should have been the books referred to section and not the statutes referred to section here. It's wrong. It should have been books instead. So if you see. We have mentioned books only here and not the statutes. Don't do such mistakes. End mein jaate hui ye sab read kar lena. I think humne kar diya hoga baad mein ye theek. But aap log please learn from all this. So we refer to a few commentaries, few books. Like the usual books that are there in the library. The usual text books. Ratanlal Dheeraj Lal, Andrew Ashworth, Glenville Williams, Catherine S. Williams, Munir. uh sircar all those books then the statutes referred to ipc indian evidence act crpc constitution of india we again missed the juvenile justice act here uh but i think because this was for the appellant then my we might not have used but you remember this table of authorities you also check this before going once before sending your memorial that you have not done I hope they haven't done any typos because they can see all this in the beginning your marks then comes the law report section then we come to the next part that is the statement of jurisdiction now statement of jurisdiction means why does the court have jurisdiction which statute has this power that it is case se deal kar sakte hai. Aur hamara case kya hai? Hamara case hai, hamari moot court problem. To hamari moot court problem ko entertain karne ke liye, hamare hisaap se jurisdiction nikalta tha, Article 136 of the Constitution of India se. To humne yaha pe wo mention kar diya. Bhot baar log statement of jurisdiction me, poora article bhi mention kar dete hain. There is no bar, you can also do that. We did not do that here. For some reason, you can do that if you want. Then comes the next. synopsis of facts the most easy part while preparing a memorial once you have read this so uh you just copied an entire facts that are given to you by the organizing team uh some people also shorten down these facts to cut down the length of the memorial so you need to confirm from your uh organizing team whether you can do that or whether you need to mention the entire statement of facts in your memorial because sometimes it can go up to four five six seven eight even eight pages so you can ask that uh this was a case as you can see a 20 year old medical uh namely sunita gone with her friend sunil to watch a film while returning to girls host a classic inova came uh run by driven by a commerce graduate naveen and the co-students stopped and offered them lift then the girl was brutally raped in the case uh she was admitted. The statement of facts also gives the name of the witnesses. It also talks about the girl's dying declaration because a girl died in this case. Then it mentions the trial court's findings on conspiracy and on other sections. Then it also gives the findings of the high court. Okay, so this makes it clear that we need to make it to present. Our arguments to the Supreme Court of India. Next part, which is very important. Now, in this part, you don't write detailed arguments, but you write a summary of arguments. In detail, we still understand what we have to write. We analyze facts, quote relevant sections, relevant statutes, relevant cases, quote authorities, and start framing our arguments. But before writing detailed arguments, part at I just say I'm getting a summary of arguments this is a part where you have to mention all your issues that you have made the problem but it's a majority as a key I am issue by night Jokia Marie is problem who have our a favor may justify car second to humne is moot court may be nice six issues okay First we said that Because High Court said Somewhere and it seemed that the other party can reduce its punishment by delaying the registration of FIR. Equital was not possible in this case. So we made an issue that was there a delay in registering FIR? The second issue we made was that has criminal conspiracy been proved for everyone or not? okay, that conspiracy, meaning meeting of minds, if your end step is also there, but you all Everybody was saying yes to the act that we are doing. So, we combined all these issues and made this issue of second number. Third one we made that are they liable for abduction or not? Fourth one we told that the dying declaration of prosecutors, the girl who died, the girl who was brutally raped, is that dying declaration admissible or acceptable? Fifth issue we made is that are medical evidences acceptable and admissible in court? Sixth issue we made is that does this case fall in rarest of rare category? Now you must be understanding by looking at this issue that this is how they are being made to be presented in the Supreme Court so that the accused can get maximum punishment. So we said that there was no delay in the registration of FIR. In these four lines, you can see how we justified the entire issue in very simple language in four lines. And if the judge would have read this, he would have got to know the gist of this issue. So he knew what we are trying to say in the detailed part. In the second issue also that happened. That happened in the third issue also. We made the fourth and fifth issue because we wanted the dying declaration and all the medical evidence to prove that in the problem, they also get punishment on the basis of it. It is not said that the dying declaration is not relevant or even after corroborating, you cannot punish us on the basis of it. We made Rarest of Rare because the facts of the case were such. It was actually similar to the unfortunate Nirbhaya incident. So, you know how brutal that was, how inhuman that was. So, we made this issue as well. How will it fall in the category of Rarest of Rare case? We have given a lot of precedents for that. The next part and the most important part. where you also go in detail, that is the arguments or the pleading section. So the first issue. Now in the first issue, we get confused that how do we start the arguments? How do we start the pleadings? Now to start, you have to first tell, first you have to make an affirmation. From our side, the issue is that what was the delay in FIR? So we will make an affirmation. From our side, there was no delay. We said that the prosecutor's friend who was going with him was so much affected by that incident that it didn't happen that he couldn't go and FIR in 2 minutes. He took some time and whatever time he took, we justified that time in this issue. First we did it with logical arguments and then later we gave case laws here. If you can see here, ap dekho jab bhi aap case laws likh rahe ho, hamesha apni organizing team se... ask them how to cite it, what are the rules of footnoting you have to use. Most of the Indian law schools allow using the Indian law institute's rule of footnoting that is ILI's rules of footnoting. Otherwise if they don't do it, then they definitely do blue book. So ask them this first so that you don't have any problem later. Then we justified this issue well. We used cases like Ram Jag and others versus State of UP where it was said that witnesses cannot be called upon to explain every hour's delay. And a common sense view has to be taken in ascertaining whether the first information report was lodged after an undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to throw a cloud of suspicion on the seats of the prosecution case must depend upon a variety of factors. which would vary from case to case even a long delay in filing report of an occurrence can be condoned okay so this we used because we wanted to show that our delay was due to a reason it was due to a very strong reason so that delay can be easily condemned and for that our case cannot be weakened then we used another judgment So whenever you If you are making a memorial, then do the judgements in court when the time comes. Otherwise, if the judge sitting there will ask you, why are you saying that one day delay in registering in FIR is no delay? So you say I am saying this because I feel like it. The judge won't agree on it. You will have to show a precedent. have to show an earlier observation or a decision which had already set this and if you want to set a new precedent then there is a different course for that which usually does not happen in moot courts. In moot courts, your research is being done that how many similar instances, how many similar cases, how many such observations have you taken which go in your favour, which can make a decision in your favour. Then we have given some cases regarding FIR, what should happen and what should not happen. Then I think we should move to the second issue, Criminal Conspiracy. We started with relevant section 120A of IPC. We told about the Amendment Act which was introduced in 1913 in the beginning to make the memorial more intriguing. We went to 120B and told them about the conspiracy. Then we quoted the case of Nalini for the conspiracy. We also quoted Ram Narayan Popli. We also quoted K.R.Purushottaman v. State of Kaila and K.H.Singh. You can frame your arguments in this way. When you are framing your arguments, you should not go from one paragraph to another You are breaking the flow of it It shouldn't feel like the first paragraph was written by another person and the second paragraph is written by some other person There should be some continuity, there should be some flow in your memorial. It should make a story in your favor actually. So we made this while doing that and in the end we concluded our story here too. Abduction, we did this in abduction too. We defined abduction a little bit. What happens in our case, how the ingredients of abduction are fulfilled. We explained all that here too. And while doing this, we have concluded our issue here also. Dying declaration, in our case this issue was very important that dying declaration will be admissible or not. So we referred section 32 of evidence act to start dying declaration, we had to do that. And yes we did the right thing by doing that. So always remember to remove its relevant section from the list to start any issue. If you are starting an issue, then first of all, don't state the section, analyze the section and tell us. And if it is a moot court, if it is a memorial, then if you want to state it, then there is no such big problem. It will not count in plagiarism. Don't worry. Then after that, you start giving judgments on it. Look, like Kalavati's case, the apex court ruled that once the court is satisfied that the declaration is true and voluntary, undoubtedly. It can base its conviction without any further corroboration. So we said that there are cases in which the court has said that corroboration is not necessary. It is not necessary if the court satisfied that the declaration is true and voluntary. Because we had to prove our case so we used these case laws. Therefore, we asserted that dying declaration can even become the sole basis for conviction. And we said that even if it... is not the sole basis for conviction then also we have a lot of corroboration so we don't need it, here we have again quoted books we have quoted case laws more and also sections and statutes too. We will just keep on telling and in the end what did we say? That the conviction on the basis of dying declaration cannot be challenged because the other party was challenging on this basis that the High Court The accused was convicted on the basis of the dying declaration. We are challenging him that it is not the basis of conviction. We said that the High Court has done the right thing by doing it on that basis. And uphold it. This is related to medical evidences. If you have medical evidences, then you will go to the Evidence Act. Opinion of experts section is very useful. Which starts with section 45 of the Evidence Act. Last rarest of rare case. We cannot quote so many rarest of rare case sections. But we all know the unfortunate cases that have, that the Indian judiciary has and the Indian justice system has witnessed till now. So taking their back, we tried to prove our stand in this scenario too. Mukesh and another was the same judgment. Ambrakash was the state of Haryana. Then many other judgments, the opinion given by judges, we did all this. And here we concluded our arguments by saying that the doctrine of rarest of rare cases also applies in the present case. Therefore, the accused persons must be punished with death penalty. which is still a lesser punishment if compared to the inhuman acts that they have committed. This is how your arguments are framed. I have shown you the full memorial so that you can watch the video in the background and see how this memorial was drafted and how it could help you in drafting it in the same way. The last part of a memorial is the prayer section. Prayer is very important. Many of you wanted a prayer format, so you can definitely take it from this memorial. You have to write it like this. So we have done all these pointers by doing ABCD. We prayed to the court. that appeals are frivolous and immature, dismiss them and confirm the sentence of High Court FIR is filed validly, dying declaration is genuine, it can be relied on We also mentioned abduction here We said that offense of 120A, 120B, Redwood section 34 is being proved and this case falls in the rarest of rare category And in the end, we definitely write that the court can give any other relief and any other relief that the Honourable Court may be pleased to grant in the interest of justice, equity and good conscience, all of which is humbly submitted. Then in the end, Respondent and the Council for the Respondent. So this was the Moot Court Memorial.

Thanks a lot and let's get started with this video. As I began searching for my past moot court memorials, I found out these four really good memorials that I made in the year 2017-18 and I think till 2019. I would like to, before this video begins, I'd like to specially thank my team which consisted of three members. They know who they are and I think they might watch this video as well. So I really really love all of you I mean the two of you and i think i had the best team of all and as you can see here the memorials were really well drafted and i felt uh the kind of hard work we did even uh the day i was making this video so uh cheers to the team i am glad that i had you guys as the team uh also uh if you see these are the cover pages so i am showing the cover pages in the beginning only so that you know how you have to frame this memorial and i'll be starting with the detailed video now so this is the moot court memorial that i'm going to be showing you today for this video to make you understand how an actual memorial for a moot court competition is created so a memorial is like any other pleading that you make before the court where you have to give your detailed arguments, summary of your arguments.

The cover page, of course, is different because this is a competition and you have to reflect that as well here. So if you see, this was a memorial which I made in the year 2017 when I just entered the third year of my law. I went for a moot court competition and there were three members in my team.

three of us equally put in efforts to actually make this memorial possible and we went to the competition and it really went great. So this is how we prepared it. First, you should mention the name of the court on which you are going to present, in which you are going to present your pleading before the kind of bench you're going to present your pleading. Because this was a case where the statement of facts itself said that the case has already been decided by the trial court and the result and the high court has also pronounced its judgment so it it was a special leave to appeal before the supreme court of india hence i have written that only here thereafter the number of the case which of course we don't know in competition so we did leave that empty then filed under article 136 of the constitution of india so you can mention the relevant section in which you are making your memorial you're filing it Uh, any section of appeal, any section of original jurisdiction and any article of original jurisdiction that you can put in here. Anything from the CRPC as well.

Then we mentioned the name of the parties. So here these were the parties. We called the parties. The relevant nomenclature here was appellants and respondent.

So you have to keep in mind that if you are a petitioner, then you say appellant. If you are an appellant, then you say appellant. where the respondent is called respondent, where the defendant is called defendant, where the applicant is called applicant applicant will be in very few situations in moot court, this is what I have observed then in the end you will write, you will have to tell who is this written submission on behalf of therefore this written submission was on behalf of the respondent and it was prepared by whom it was prepared by you, you will also mention this, it was prepared by the council for the respondent Okay. Thereafter, you will be...

Now showing you the second page. So thereafter you will be preparing an index. In index you have to write everything.

From where to where. Your way of making an index can be completely different. It can be different from what I have done.

So first comes. From here you will also get to know. What all headings should be there in a moot court memorial. So there should be an index of authorities.

There should be a statement of jurisdiction. Synopsis of facts. I mean, facts which are already given by the organizing committee of the competition.

Then there should be a summary of arguments. Then there should be the actual arguments or the pleadings that you're making. Then there should be a prayer in the end.

That is what you are seeking from the court or what you desire from the court. Thereafter, the third page from which we started our index of authorities. In index of authorities, you have to mention the name of every authority which you used while preparing this case, all the journals, case laws, books, statutes, law commission reports, or any other, or any online databases you referred. So whenever you, in fact from the very first day of when you begin your preparation for the moot court, competition, you should start noting down what all authorities you are using.

And for books, I would advise you to take pictures of the cover page and the first page of the book, where the name of the publisher, then the year of print and the place of publishing, all of that is written because all of that is required in many styles of footnoting. And you might need it to complete your memorial. So you can do this.

In index of authorities, we referred to all these cases. This was criminal law moot. So you will find all these. It had gang rape problem involved. It was also related to juvenile act.

So you will find all these cases. Journal Singh, Pawan Kumar is also on punishments. Appeal was there so we have put such cases.

Machhi Singh, Bachchan Singh, Pani Ben, Manodat, Khachedu Singh, Sundar Singh, Israr. Navjot Sandhu's case then Dayal Singh was the state of Uttaranchal Dharamdeo Yadav which is a very landmark judgment you will get cases on dying declaration because he was also involved in this problem so this number of cases you are seeing nothing like this that you have to write so many number of cases you have to write hundreds of cases but you should write all relevant cases Of course, there are going to be cases from where you'll... only be picking up certain observations but do make sure that if you are writing it it should be supporting you it it shouldn't be something like picking one part of the judgment and not reading the other part which runs contrary to you so the ratio of the judgment should be in your favor but if you only want to state the observations go ahead I won't stop you if you think that's relevant for your mood problem. Then we come to the statutes. Of course, it's a criminal law problem.

So we refer to IPC, CRPC. I'm really sorry because there's a typing mistake in here. This section should have been the books referred to section and not the statutes referred to section here. It's wrong.

It should have been books instead. So if you see. We have mentioned books only here and not the statutes. Don't do such mistakes. End mein jaate hui ye sab read kar lena.

I think humne kar diya hoga baad mein ye theek. But aap log please learn from all this. So we refer to a few commentaries, few books.

Like the usual books that are there in the library. The usual text books. Ratanlal Dheeraj Lal, Andrew Ashworth, Glenville Williams, Catherine S. Williams, Munir.

uh sircar all those books then the statutes referred to ipc indian evidence act crpc constitution of india we again missed the juvenile justice act here uh but i think because this was for the appellant then my we might not have used but you remember this table of authorities you also check this before going once before sending your memorial that you have not done I hope they haven't done any typos because they can see all this in the beginning your marks then comes the law report section then we come to the next part that is the statement of jurisdiction now statement of jurisdiction means why does the court have jurisdiction which statute has this power that it is case se deal kar sakte hai. Aur hamara case kya hai? Hamara case hai, hamari moot court problem. To hamari moot court problem ko entertain karne ke liye, hamare hisaap se jurisdiction nikalta tha, Article 136 of the Constitution of India se. To humne yaha pe wo mention kar diya.

Bhot baar log statement of jurisdiction me, poora article bhi mention kar dete hain. There is no bar, you can also do that. We did not do that here. For some reason, you can do that if you want.

Then comes the next. synopsis of facts the most easy part while preparing a memorial once you have read this so uh you just copied an entire facts that are given to you by the organizing team uh some people also shorten down these facts to cut down the length of the memorial so you need to confirm from your uh organizing team whether you can do that or whether you need to mention the entire statement of facts in your memorial because sometimes it can go up to four five six seven eight even eight pages so you can ask that uh this was a case as you can see a 20 year old medical uh namely sunita gone with her friend sunil to watch a film while returning to girls host a classic inova came uh run by driven by a commerce graduate naveen and the co-students stopped and offered them lift then the girl was brutally raped in the case uh she was admitted. The statement of facts also gives the name of the witnesses. It also talks about the girl's dying declaration because a girl died in this case.

Then it mentions the trial court's findings on conspiracy and on other sections. Then it also gives the findings of the high court. Okay, so this makes it clear that we need to make it to present.

Our arguments to the Supreme Court of India. Next part, which is very important. Now, in this part, you don't write detailed arguments, but you write a summary of arguments.

In detail, we still understand what we have to write. We analyze facts, quote relevant sections, relevant statutes, relevant cases, quote authorities, and start framing our arguments. But before writing detailed arguments, part at I just say I'm getting a summary of arguments this is a part where you have to mention all your issues that you have made the problem but it's a majority as a key I am issue by night Jokia Marie is problem who have our a favor may justify car second to humne is moot court may be nice six issues okay First we said that Because High Court said Somewhere and it seemed that the other party can reduce its punishment by delaying the registration of FIR.

Equital was not possible in this case. So we made an issue that was there a delay in registering FIR? The second issue we made was that has criminal conspiracy been proved for everyone or not? okay, that conspiracy, meaning meeting of minds, if your end step is also there, but you all Everybody was saying yes to the act that we are doing.

So, we combined all these issues and made this issue of second number. Third one we made that are they liable for abduction or not? Fourth one we told that the dying declaration of prosecutors, the girl who died, the girl who was brutally raped, is that dying declaration admissible or acceptable?

Fifth issue we made is that are medical evidences acceptable and admissible in court? Sixth issue we made is that does this case fall in rarest of rare category? Now you must be understanding by looking at this issue that this is how they are being made to be presented in the Supreme Court so that the accused can get maximum punishment.

So we said that there was no delay in the registration of FIR. In these four lines, you can see how we justified the entire issue in very simple language in four lines. And if the judge would have read this, he would have got to know the gist of this issue. So he knew what we are trying to say in the detailed part. In the second issue also that happened.

That happened in the third issue also. We made the fourth and fifth issue because we wanted the dying declaration and all the medical evidence to prove that in the problem, they also get punishment on the basis of it. It is not said that the dying declaration is not relevant or even after corroborating, you cannot punish us on the basis of it.

We made Rarest of Rare because the facts of the case were such. It was actually similar to the unfortunate Nirbhaya incident. So, you know how brutal that was, how inhuman that was. So, we made this issue as well. How will it fall in the category of Rarest of Rare case?

We have given a lot of precedents for that. The next part and the most important part. where you also go in detail, that is the arguments or the pleading section. So the first issue.

Now in the first issue, we get confused that how do we start the arguments? How do we start the pleadings? Now to start, you have to first tell, first you have to make an affirmation.

From our side, the issue is that what was the delay in FIR? So we will make an affirmation. From our side, there was no delay.

We said that the prosecutor's friend who was going with him was so much affected by that incident that it didn't happen that he couldn't go and FIR in 2 minutes. He took some time and whatever time he took, we justified that time in this issue. First we did it with logical arguments and then later we gave case laws here. If you can see here, ap dekho jab bhi aap case laws likh rahe ho, hamesha apni organizing team se...

ask them how to cite it, what are the rules of footnoting you have to use. Most of the Indian law schools allow using the Indian law institute's rule of footnoting that is ILI's rules of footnoting. Otherwise if they don't do it, then they definitely do blue book. So ask them this first so that you don't have any problem later. Then we justified this issue well.

We used cases like Ram Jag and others versus State of UP where it was said that witnesses cannot be called upon to explain every hour's delay. And a common sense view has to be taken in ascertaining whether the first information report was lodged after an undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to throw a cloud of suspicion on the seats of the prosecution case must depend upon a variety of factors.

which would vary from case to case even a long delay in filing report of an occurrence can be condoned okay so this we used because we wanted to show that our delay was due to a reason it was due to a very strong reason so that delay can be easily condemned and for that our case cannot be weakened then we used another judgment So whenever you If you are making a memorial, then do the judgements in court when the time comes. Otherwise, if the judge sitting there will ask you, why are you saying that one day delay in registering in FIR is no delay? So you say I am saying this because I feel like it.

The judge won't agree on it. You will have to show a precedent. have to show an earlier observation or a decision which had already set this and if you want to set a new precedent then there is a different course for that which usually does not happen in moot courts.

In moot courts, your research is being done that how many similar instances, how many similar cases, how many such observations have you taken which go in your favour, which can make a decision in your favour. Then we have given some cases regarding FIR, what should happen and what should not happen. Then I think we should move to the second issue, Criminal Conspiracy.

We started with relevant section 120A of IPC. We told about the Amendment Act which was introduced in 1913 in the beginning to make the memorial more intriguing. We went to 120B and told them about the conspiracy. Then we quoted the case of Nalini for the conspiracy. We also quoted Ram Narayan Popli.

We also quoted K.R.Purushottaman v. State of Kaila and K.H.Singh. You can frame your arguments in this way. When you are framing your arguments, you should not go from one paragraph to another You are breaking the flow of it It shouldn't feel like the first paragraph was written by another person and the second paragraph is written by some other person There should be some continuity, there should be some flow in your memorial.

It should make a story in your favor actually. So we made this while doing that and in the end we concluded our story here too. Abduction, we did this in abduction too.

We defined abduction a little bit. What happens in our case, how the ingredients of abduction are fulfilled. We explained all that here too. And while doing this, we have concluded our issue here also.

Dying declaration, in our case this issue was very important that dying declaration will be admissible or not. So we referred section 32 of evidence act to start dying declaration, we had to do that. And yes we did the right thing by doing that. So always remember to remove its relevant section from the list to start any issue.

If you are starting an issue, then first of all, don't state the section, analyze the section and tell us. And if it is a moot court, if it is a memorial, then if you want to state it, then there is no such big problem. It will not count in plagiarism.

Don't worry. Then after that, you start giving judgments on it. Look, like Kalavati's case, the apex court ruled that once the court is satisfied that the declaration is true and voluntary, undoubtedly. It can base its conviction without any further corroboration. So we said that there are cases in which the court has said that corroboration is not necessary.

It is not necessary if the court satisfied that the declaration is true and voluntary. Because we had to prove our case so we used these case laws. Therefore, we asserted that dying declaration can even become the sole basis for conviction. And we said that even if it...

is not the sole basis for conviction then also we have a lot of corroboration so we don't need it, here we have again quoted books we have quoted case laws more and also sections and statutes too. We will just keep on telling and in the end what did we say? That the conviction on the basis of dying declaration cannot be challenged because the other party was challenging on this basis that the High Court The accused was convicted on the basis of the dying declaration.

We are challenging him that it is not the basis of conviction. We said that the High Court has done the right thing by doing it on that basis. And uphold it.

This is related to medical evidences. If you have medical evidences, then you will go to the Evidence Act. Opinion of experts section is very useful. Which starts with section 45 of the Evidence Act.

Last rarest of rare case. We cannot quote so many rarest of rare case sections. But we all know the unfortunate cases that have, that the Indian judiciary has and the Indian justice system has witnessed till now. So taking their back, we tried to prove our stand in this scenario too.

Mukesh and another was the same judgment. Ambrakash was the state of Haryana. Then many other judgments, the opinion given by judges, we did all this.

And here we concluded our arguments by saying that the doctrine of rarest of rare cases also applies in the present case. Therefore, the accused persons must be punished with death penalty. which is still a lesser punishment if compared to the inhuman acts that they have committed.

This is how your arguments are framed. I have shown you the full memorial so that you can watch the video in the background and see how this memorial was drafted and how it could help you in drafting it in the same way. The last part of a memorial is the prayer section.

Prayer is very important. Many of you wanted a prayer format, so you can definitely take it from this memorial. You have to write it like this.

So we have done all these pointers by doing ABCD. We prayed to the court. that appeals are frivolous and immature, dismiss them and confirm the sentence of High Court FIR is filed validly, dying declaration is genuine, it can be relied on We also mentioned abduction here We said that offense of 120A, 120B, Redwood section 34 is being proved and this case falls in the rarest of rare category And in the end, we definitely write that the court can give any other relief and any other relief that the Honourable Court may be pleased to grant in the interest of justice, equity and good conscience, all of which is humbly submitted. Then in the end, Respondent and the Council for the Respondent.

So this was the Moot Court Memorial.

Transcript for:Drafting a Moot Court Memorial

Transcript for:
Drafting a Moot Court Memorial