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INDEX
S.NO DETAILS PAGE NO.
1. EVENT SCHEDULE 2
2. RULES OF THE COMPETITION 2
3. REGISTRATION 3
4. MEMORIAL RULES 4
5. ORAL ROUNDS 5
6. EXEMPLARY POWER CLAUSE 6
7. ORGANISING COMMITTEE 7
8. MOOT PROPOSITION 8
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RULEBOOK - 10TH INTRA BAIL ARGUMENT
COMPETITION, 2023
I. EVENT SCHEDULE
1. March 14, 2023 : Registrations Open
2. March 14, 2023 : Release of Moot Problem
3. March 20, 2023 : Last date for seeking Clarifications (till 12 pm)
4. March 21, 2023 : Publishing of Clarifications
5. March 25, 2023 : Last Date for Registration
6. March 30, 2023 : Last Date for Memorial Submission (soft copy)
7. March 31, 2023 : Last Date for Memorial Submission (Hard copy)
8. April 6, 2023 : Oral Rounds
II. RULES OF THE COMPETITION
❖ Team Code:- Team Code refers to the unique number allotted to each participating team for the
purpose of this competition which will be mailed to the participant accordingly after
registration.
❖ Parties:- It refers to the parties to the matter as identified by the moot problem as Prosecution
and Defence.
A. Eligibility and Individual Participation
Only the students of B.A.LL.B and B.B.A.LL.B apart from the first year are eligible to
participate in the competition. There shall be individual participation, no team participation
will be allowed.
B. The Rounds
1. There shall be only 1 round in total for the 10th Intra Bail Argument Competition 2023.
2. The Competition will be conducted offline.
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3. In case the team is unable to report to the designated Court room at the beginning of the
Round and notify the court master of their presence, the team shall be disqualified from
the Competition and the Round will continue as an ex-parte round or as per the
discretion of the organisers.
4. The participants shall be allotted their respective sides for argument post registration via
a confirmation email.
C. Attire
The dress code for the participants shall be an advocate’s attire. All the participants MUST
appear in a formal dress. Black Coat is Mandatory. Black tie is compulsory for all those
who are wearing white shirts and black trousers. Robes and collar bands are not permitted.
D. Anonymity
The teams must not disclose their identity and names or any such information during the oral
rounds. The teams should not attempt to disclose such information to the Judges, or any
other person as decided by the Organising Committee, for the entire duration of the 10th
Intra Bail Argument Competition 2023. The violation of this rule will result in
disqualification, as determined by the Competition Administrator.
III. REGISTRATION
A. Registration process
1. The individuals shall submit duly completed registration form by 25th March 2023 by
11:59 pm.
2. All participants shall get an individual code by the committee after completion of
registration process. Thereafter, the individuals shall use their designated individual code
for any further correspondence.
B. For Participants
1. Registration for the 10th Intra Bail Argument Competition 2023 will be through online
form submission via the following link -
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https://docs.google.com/forms/d/e/1FAIpQLSfp-M6kxpVHVsxVP8uDzcemUCFSEXYe-Jjw
kBtJ3IdVdaatCw/viewform?usp=sf_link
2. The payment shall be made of Rs 100/- per person through the QR Code available below.
NOTE: Proof of payment(with all details like reference code etc. ) is to be attached along with the
registration form.
IV. MEMORIAL RULES
A. Memorial submission is to be done for one side only.
B. Memorial submission is to be done by 30th March 2023, 11:59 p.m. Any submissions
made after the stipulated time will be subject to a penalty for every 6 hours delay.
C. The memorial shall be strictly in the form of application, consisting of 2-3 pages. The
memorial may be supported by a separate compendium of judgments (the first page of
judgement and the relevant extract).
D. All teams shall send one copy of the memorials in .docx format (Microsoft Office) as well
as .pdf format to [email protected] on or before 30st March 2023,
11:59 p.m. with the subject as ‘Memorial Submission for <Team Code>. All the files
(.docx and .pdf) should be sent through a single mail.
E. Memorial once submitted will be considered as final, and cannot be revised. In the scenario
where any memorial is sent late (in separate emails), there will be deduction of marks.
F. Memorials submitted specially won’t be accepted on the day of the event.
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G. Every Memorial will be marked on a total of 50 marks:
S. NO. MARKING SCHEME MARKS ALLOTTED
1. Knowledge of Facts & Law 10 Marks
2. Extent & Use of Research 10 Marks
3. Drafting Skills 10 Marks
4. Coherency 10 Marks
5. Grammar and Style 10 Marks
GRAND TOTAL 50 Marks
H. Not adhering to these rules will lead to reduction in the marks of the memorial submission.
V. ORAL ROUNDS
A. Speaking Time
The participants shall be given 9 minutes for oral arguments and 1 minute for rebuttal/sur-
rebuttal.
B. Marking Criteria For Oral Rounds
S, NO, MARKING SCHEME MARKS ALLOTTED
1. Knowledge of Facts & Law 10 Mark
2. Application of Law to Facts and Interpretation 10 Marks
3. Clarity of thoughts and Expression 10 Marks
4. Court Etiquette 10 Marks
5. Response to the Questions 10 Marks
GRAND TOTAL 50 Marks
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VI. EXEMPLARY POWER CLAUSE
A. The decision of the judge is final and no challenge to the decision will be allowed.
B. In case of any dispute arising out in the interpretation of the rules, or otherwise, the
decision of the Faculty Coordinator in consultation with the Organising Committee (OC)
would be final and binding. The Faculty Coordinator in consultation with the OC will
have the exclusive authority to interpret the Rules.
C. The OC has the following powers and sole discretion to:
1. Enforce all the competition Rules;
2. Provide a definitive & final interpretation of the Competition Rules;
3. Resolve any dispute that may arise during the Competition;
4. Change or supplement the competition Rules, if necessary. Changes or supplements
will be duly communicated to all participants; and
5. Take disciplinary action for any unethical, unprofessional and immoral conduct by
any participant/ participating individuals.
Any clarifications regarding the Bail Problem can be sought from the below mention email id -
[email protected]
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ORGANISING COMMITTEE
FACULTY CONVENER, ADVOCATES’ LEGION, MOOT COURT COMMITTEE, VSLLS, VIPS
Ms. Gunjan Malhotra Ahuja
FACULTY EVENT CONVENER
Ms. Samriti
STUDENT CONVENER ADVOCATES’ LEGION
Ms. Janhvi Nautiyal : +91 9911198237
STUDENT CO-CONVENER ADVOCATES’ LEGION
Mr. Pratham Sharma : +91 9582876415
STUDENT COORDINATORS
Mr. Hardik Giri : +91 9599422383
( Student Member, Advocates’ Legion, Moot Court Committee, VSLLS, VIPS )
Ms. Kashish Gulati : +91 9643512190
( Student Member, Advocates’ Legion, Moot Court Committee, VSLLS, VIPS )
Ms. Arshia Jain : +91 7042208339
( Student Member, Advocates’ Legion, Moot Court Committee, VSLLS, VIPS )
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MOOT PROPOSITION
FIRST INFORMATION REPORT
(Under Section 154 Cr. P.C.)
1. District: Shahdara
P.S.: Vivek Vihar
Year: 2022
FIR No.: 330/2021
Date: 28/07/2021
2. Acts: IPC, 1860
Sections:
304B/325/506/34
And Sec. 75 of Juvenile Justice Act.
3. Occurrence of Offence:
a) Day: Thursday Date From: 23.07.2021
Date to: 24.07.2021
Time Period: Time From: 23:00 hrs. Time to: 01:00 hrs.
b) Information received at P.S.: Date: 28/07/2021
Time: 10:00 hrs.
c) General Diary Reference:
Entry No: ---
Date/Time Date: 28/07/2021 Time: 10:00 hrs.
4. Type of Information: Written
5. Place of Occurrence:
a) Direction and Distance from P.S.: 1KM
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b) Address: Vivek Vihar, Delhi
c) In case, outside the limit of the Police Station:
Name of P.S.: District:
6. Complainant/Informant:
a) Name: Praveen S/o- Ram Lal
b) Date: Year of Birth: 1992 Nationality: India
c) Passport No: Date of Issue: Place of Issue:
d) Occupation: Not Known
e) Address: Vivek Vihar, Delhi, India
7. Details of Known/Suspect/Unknown Accused with full Particulars
(Attach separate sheet if Necessary): Dr P. K. Gupta, S/o Mr O.P Gupta,
Address: Vivek Vihar, Delhi
8. Reason for delay in reporting by the complainant/informant: No Delay.
9. Particulars of the properties stolen/involved (attach separate sheet if
necessary):
S.l. No. Property Type (Description) Est. Value (Rs.)
10. Total Value of Property Stolen:
11. Inquest Report/U.D. Case No., if any:
District: P.S: Year: FIR No: -----
12. F.I.R. Contents: The Statement of Praveen, S/O-Ram Lal, R/O- Vivek
Vihar, Delhi, aged about 30 Years. Mob No: +91 7766554433.
On 17.07.2021, my son Master Ahaan, age 2 days, suddenly got a high
fever. I took him to a hospital in Ghaziabad, where the doctors told me
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that he must be taken to a specialised hospital in Delhi. After that, on
18.07.2021, I got admitted my child to Child Care Hospital, Vivek Vihar,
Shahdara, Delhi, for treatment. The doctors informed me that my child
suffered from acute infection and must be admitted immediately. The
doctor immediately took my child to the emergency ward and asked me to
complete all the formalities. On 24.07.2021, the Hospital called me to say
my baby’s hand was injured. I immediately reached the Hospital. On
inquiry about the reasons behind the injury, the authorities at the Hospital
told me that it was due to swelling and the fracture occurred before I got
him admitted. I demanded CCTV footage. After a lot of arguments, the
authorities showed me CCTV Footage. In the CCTV footage, I saw that
one lady staff, Rumaiya, was assaulting my baby on the intervening night
on 23/24.07.2021, where Dr P. K Gupta was also standing nearby. When I
approached Dr P.K. Gupta about the incident, he threatened to kill my
baby if I told anyone about the incident. I kept quiet then and continued to
get my child treated in the same Hospital as I was afraid that shifting my
child would not be safe then. I got my child discharged on 27.07.2021. But
my child died on 28.07.2021 due to the negligence of the Hospital and the
concerned doctor. That’s why I came to Vivek Vihar Police Station to
report this matter. Please take action against Dr P.K. Gupta.
Sd.
Praveen
F.I.R read over to the complainant/informant, admitted to be correctly recorded and a
copy given to the complainant/informant free of cost.
R.O.A.C.:
1. Signature/Thumb Impression of the Complainant/informant:
Sd. Kishor
Signature of Officer
Kishor
Rank: ASST. SI
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DEFENCE VERSION
The Petitioner is a law-abiding citizen and honest man with deep roots in Society. He is filing
the present application for anticipatory bail under Section 438 r/w Section 482 CrPC. The
Petitioner has been constrained to file the present application for the grant of anticipatory bail
in FIR No. 330/2021 U/s 304-B/325/506/34 OF IPC and section 75 of Juvenile Justice Act,
P.S. Vivek Vihar, Delhi.
The Petitioner is a well-known practising doctor who has cured several infants/children. The
Petitioner is a well-known child specialist with no criminal antecedents. The Petitioner is
known to work for the poor, deprived, and underprivileged people through his Hospital.
That the complainant was getting his child treated at another hospital in Ghaziabad, but due to
the deteriorating condition of his child due to acute infection and swelling in the whole body,
the doctors in Gaziabad urgently suggested the complainant take his child to Delhi for better
treatment. On 18.07.2021, the complainant admitted his newborn baby, namely Master Ahaan,
at Child Care Hospital, Vivek Vihar, Shahdara, Delhi, for treatment as the child was in terrible
and critical condition due to acute infection. During the treatment on 24.07.2021, the
complainant was informed by the Hospital that his baby’s hand had been injured. On an
inquiry about the reasons for the same complainant came to know from the CCTV Footage
provided by the Hospital that one lady staff of the Hospital, namely Rumaiya alleged to be
seen assaulting the baby in the intervening night on 23/24.07.2021 which resulted in fracture
on the hand of the baby. It is further alleged that the Petitioner threatened him to kill his baby
if anything about the incident is reported. Because of the acute infection and swelling in the
whole body and also due to the deficiency of calcium, a bone fracture had occurred in the
hand of the child, and the complainant made a stir in the Hospital and accused the hospital
staff of the same. The hospital staff tried explaining to the complainant that the said injury
might have occurred before the child’s admission to the aforesaid Hospital. The same could
not be detected as the child’s whole body was swollen due to infection. But the complainant
did not heed the explanation, did not listen to anyone, and started accusing the entire hospital
staff.
Post-discharge from the Hospital, the complainant has not taken care of the child, which
resulted in his death. After that, this incident was reported to the local police, and after that,
M.L.C. was prepared, which suggested “left arm shown fracture”. Immediately on
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28.07.2021, the said nurse was arrested by the police in the case above. After that, the
Petitioner immediately moved an application for the grant of anticipatory bail before this
Hon’ble Court on the following, amongst other grounds, which should be taken without
prejudice to each other:-
A. The Petitioner is ready to assist in the investigation and shall always make himself
available to the custody of the Court at any point in time.
B. The Petitioner abided to undertake that he would not temper with the medical
evidence as per record.
C. It is further submitted that the complete medical record had been provided to the
investigating officer who bears the handwritten notes of the treating doctor,
namely Dr Atul and Dr P.K. Gupta, Orthopedicians and the Petitioner. However,
there is no document or statement to suggest from an expert about tampering /
contradiction of the medical record.
D. The Petitioner cannot be roped in the present case on the principle of vicarious
liability, and no evidence against the Petitioner can suggest aiding, instigating, or
engaging in the said commission of the alleged offence. That is, sending the
Petitioner to jail would not solve any meaningful purpose and would be in
defiance of every known notion of justice.
E. It is submitted that the Petitioner is honest and innocent and has been falsely
implicated in the present F.I.R. with malafide dishonest, and phoney intentions to
fleece the money from the Petitioner. It is submitted that the Petitioner may be
enlarged on anticipatory bail to live a respectful and dignified life in Society.
F. It may be submitted that the Petitioner has a clean record. The Petitioner has never
been convicted in the past in any case. It cannot be construed under any
circumstances that the Petitioner has a lousy record which suggests that he is
likely to commit severe or similar offences while on bail.
G. That the Petitioner has deep roots in the Society, and there is no chance of the
Petitioner running away from the course of justice or tampering with evidence.
Note: Participants are required to frame arguments for or against the anticipatory bail
application. The side will be allotted by organisers after registration.
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