A PROJECT REPORT ON INTERNSHIP PROGRAMME

Submitted in partial fulfilment of the requirements for award of the degree

Of

BACHELOR OF LAW 5 YEARS

2022-23

Submitted to: Submitted by:

Ms. NAMRATA CHARITA

ASSISTANT PROFESSOR BBA LL.B. (10th Sem/Section B)

School of Law Enrollment No. 41033303518

CHANDER PRABHU JAIN COLLEGE OF HIGHER STUDIES AND SCHOOL OF

LAW

AFFILIATED TO GURU GOBIND SINGH INDERPRASTHA UNIVERSITY,

DWARKA, NEW DELHI

1
 UNDERTAKING BY THE CANDIDATE

TO WHOM IT MAY CONCERN

This is to certify that I, CHARITA, Enrol. No. 41033303518, have completed the “Internship
Report” under the guidance of MS. NAMRATA for the partial fulfilment of the requirement
for the degree of BBA. LL.B. This is an original piece of work and the same has not been
submitted earlier to any other Institute for the award of any other degree.

Date: 30.05.23 Signature of Student

Place: Delhi CHARITA

Certified that, the internship report submitted in partial fulfilment of BBA. LL.B. to be awarded
by GGS IP University, Delhi by CHARITA, Enrol. No. 41033303518 has been completed
under my guidance and is satisfactory.

Date: Signature of Supervisor

Place: Name of Supervisor

2
 DECLARATION

This is to certify that the report entitled ‘INTERNSHIP PROJECT’ which is submitted by
CHARITA, in partial fulfillment of the requirement for the degree of BBA. LL.B. to GGSIPU,
New Delhi comprises only my original work & due acknowledgement has been made in the
text to all material used. Neither the same work, nor any part thereof, has earlier been submitted
to any university for any degree.

Name of the Student:

CHARITA

Approved by:

Date:

3
 CERTIFICATE

This is to certify that the report entitled ‘INTERNSHIP PROJECT’ is submitted by

CHARITA, student of 10th Semester/Section B, BBA. LL.B. of Chander Prabhu Jain College
of Higher Studies and School of Law affiliated to Guru Gobind Singh Indraprastha University,
New Delhi.

This matter embodied in this is original & has not been submitted for the award of any other
degree.

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 ACKNOWLEDGEMENT

The journey started as a student towards the Professional Life with the aim in
mind to learn the Practical aspect of life, ended as a memorable experience, also
helped me to come off with flying colours.

No work can be completed without other’s help or contribution. The preparation

of presentation of this humble work encompasses the immense and unlimited help
and sound though of innumerable people.

My special thanks to Mr. ADITYA KAPOOR, ADVOCATE for providing me

this opportunity to associate myself with them for my training & also like to
express my sincere gratitude to them for providing me the most valuable guidance
and affable treatment given to me at every stage to boost my morale and helping
me in learning law related procedures and activities, which helped me to add a
feather in my cap.

I express my deep & sincere gratitude to my teacher Ms. Namrata, Assistant

Professor, School of Law for guidance, supervision, expert suggestion &
encouragement which helped me to tide over the hardship encountered during
study.

Last but not the least my sincere gratitude to all people who knowingly or
unknowingly supported me, for my moral to make this project a reality.

CHARITA

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 LexPar Chambers
LAW OFFICES
Date: 07.04.2023

CERTIFICATE OF INTERNSHIP

This is to certify that MS. CHARITA GAUTAM, student of

BBA.LLB(H.), 5th Year at Chanderprabhu Jain College of
higher Studies and School of Law, affiliated to Guru Gobind
Singh Indraprastha University, has successfully completed
her internship from 01.03.2023 to 07.04.2023 under our
guidance.

This internship included research work, drafting and filing of

petitions and visits to various District Courts of Delhi.

During the period of this internship, she was found to be very

hardworking and eager to learn the nuances of the law. All
the tasks given to her were completed with utmost precision
and dedication.

We wish her all the best for her future endeavors.

ADITYA KAPOOR
ADVOCATE

E-211, LGF, Amar Colony, Lajpat Nagar, New Delhi-110024

Mobile: 8860736866, E-mail: [email protected]
 LIST OF ABBREVIATIONS

ABBREVIATION DEFINITION

HC High Court

SC Supreme Court

I.O. Investigating Officer

IPC Indian Penal Code

F.I.R. First Information Report

U/S Under Section

V Versus

PW Plaintiff Witness

CW Complainant Witness

Ors. Others

Anr. Another’s

Cr.P.C Code of Criminal Procedure

C.P.C Code of Civil Procedure

PP Public Prosecutor

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 INDEX

UNDERTAKING……………………………………………………………..2

DECLARATION………………………………………………………..….....3

CERTIFICATE………………………………………………………...….….4

ACKNOWLEDGMENT….………………………………………………......5

LIST OF ABBREVIATIONS……………………...…………………………6

CHAPTER -1 PREFACE OF INTERNSHIP………………………………..8-12

1.1 Concept of Internship

1.2 Purpose of Internship

CHAPTER -2 INTERNSHIP OBSERVATION……………………………13-23

2.1 Case Files

2.2 Public Prosecutor

2.3 Hierarchy of Courts

CHAPTER -3 CASE DISCUSSION……………………………………….25-42

CHAPTER -4 RESEARCH WORK…………………………………….....43-58

CONCLUSION……………………………………………………………....59

REFERENCES……………………………………………………………….60

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CHAPTER 1 – PREFACE OF INTERNSHIP

1.1 CONCEPT OF INTERNSHIP

MEANING

Internship provide an opportunity for students to link theory with practice and further serve as
a temporary labour pool for those agencies that have committed to participate in the internship
programme. The department fulfils its mission of preparing students for significant
professional and sector. Relevant professional development topics and workshops are
discussed weekly.

The Internship

▪ Provides a student with a practical real worked experience in the public or non-profit sector.
▪ Enables a student to develop important public administration skills which cannot be taught
in classroom. These experiences vary from working on special project for the interning
agency to leaning about motivation process in a complex organization.
▪ Enables a student to compare theoretical ideas learned in the classroom within the world of
work regarding public administration experiences.
▪ Provides a student with experience in an actual public or non-profit agency. Before entering
the job market, such experience not only increases student’s job prospects, but also teachers
what is expected in terms of professional behaviours.
▪ Permits a student to apply the technical skills learned in the classroom to real public
administrative problems.

Legal internships provide an opportunity for students to increase their knowledge of

substantive area of law, gain exposure to a real work environment and provide valuable support
to a legal employer. An increasing number of law schools, paralegal programs, legal secretarial
schools and other legal educational institutions require the completion of an internship as a
prerequisite to graduation. Some internship is paid although many are not. However, most
internship programs allow students to earn school credit.

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WHAT TYPE OF WORK CAN INTERNS DO?

Internship prepares students for a professional career therefore it is important that interns get
“hands on’’ experiences of paid professionals at the site interns should perform the duties of
clerical or support staff. Also, interns should be considered ‘substitutes’ to fill in for employees
who are absent work. This is an applied educational experience; therefore, it should be carefully
structured to provide the greatest educational benefit to them.

WHAT IS REQUIRED BY THE INTERN?

Interns are expected to exhibit professionalism at all times during the internship experience.
This professionalism should be evident in the interactions with clients, co-workers and
supervisors. Interns are expected to apply their knowledge, skills and abilities in the
performance of all duties, to behave ethically, and to follow all rules and policies of the site,
Internship is a requirement for graduation.

Legal internships provide an opportunity for students to increase their knowledge of

substantive area of law, gain exposure to a real work environment and provide valuable
support to a legal employer. An increasing number of law schools, paralegal programs, legal
secretarial schools and other legal educational institutions require the completion of a
internship as a prerequisite to graduation. Some internship is paid although many are not.
However, most internship programs allow students to earn school credit.

As the legal field becomes more complex and legal employment opportunities proliferate, the
traditional internship has evolved. Now a number of different experiential opportunities for the
legal students exist including judicial clerkships, legal clinics, summer clerkships, legal
externships and pro bono projects. These programs place students in law offices, courts and
public interest organizations with the goal of providing real-world legal experience under the
guidance of faculty members, licensed and sitting judges.

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1.2 PURPOSE OF INTERNSHIP

• Being a law student can be very interesting especially when you learn about the different
types of lawyers available. However, the theory can only teach you so much and after a
certain point, you may have to gain practical insight. Therefore, doing a law-related
internship will be very beneficial to you as it will help you gain in-depth exposure into the
field.
• It is necessary that students understand the importance of law firm internships and the role
it plays in the legal field. However, completing a law firm internship is not a guarantee of
a job but it gives an edge to a student over another. Employers recognize the advantage of
an internship, but even more importantly, the experience and confidence a student gets from
it are vital. The internship can be viewed as an opportunity for a trainee to gain an overall
understanding of the legal system.
• Basically, an internship at a law firm is designed to give law students valuable insight into
the professional lives of attorneys and judges. What do interns do at law firms? They
perform research and write memoranda, manage case files, do filing, copying, attend client
meetings, attend trials hearings, etc. Internships are usually unpaid. They work under the
supervision and with the assistance of experienced lawyers. The internship provides you
exposure to multifarious people, situations and work. You have the opportunity to meet
people from different states or countries having different ideologies. Interning helps you
develop networking with the people of the same age having the same field of interest. The
internship gives a student an opportunity to ‘audition’ a job or a field before taking a
permanent position. A law internship looks good on a resume and employers are
increasingly expecting to see such law internship experience on a student resume. Many
law firm internships are fun and great self-confidence builders. It develops problem skills
in a student. It enhances team spirit in an intern.
• The objective of an internship is to better understand what being a lawyer involves, and the
best way to do that is to be around the lawyers. The main reason for seeking an internship
is to learn more about how to be a lawyer. It’s typical for law interns to spend much of their
time researching a variety of items, including checking on precedents, passed legislation or
basic case fact-checking. As an intern you should do extensive research as a requirement,
expectations and general work environments in law firms vary from place to place.

10
There are various benefits to the students of the internship. We stole the following benefits of
the internship opportunity:

1.2.1 REAL WORLD EXPERIENCE

Participating in an internship allows a law student to gain a better prospective of post-

graduation employment by applying the principles and theories one has developed in the
classroom. This practical application creates an easier transition for them from the classroom
to the working world.

1.2.2 CHOICES

Maybe if they work well with the computers or maybe you discovered a passion for some other
field of law. With the knowledge and the experience, they gain from their internship they can
be in a better position to many choices about your future career.

1.2.3 NETWORKING

An internship facilitates the development of professional contacts. These contacts may be

helping them in the future by acting as a reference for another or assist them I securing full
time employment.

1.2.4 PERSONAL DEVELOPMENT

They further develop a personal work ethic and are able to investigate their career interests and
prospective career goals. Additionally, an internship enables them to develop specific skills
and knowledge related to their interests.

1.2.5 GAIN VALUABLE WORK EXPERIENCE

The hands-on work experience interns receive is invaluable and cannot be obtained in a
classroom setting, making this one of the most important benefits of internships. Interns have
the opportunity to apply acquired knowledge to real work experiences, witnessing first-hand

11
the day-to-day job duties they can expect to encounter in their chosen field. In addition to
learning the specialized skills of a particular field, transferable skills such as communication,
teamwork, and computer proficiency are also obtained in an internship, fully preparing interns
to enter the workforce upon graduation.

1.2.6 DEVELOP AND REFINE SKILLS

One can learn a lot about his/her strengths and weaknesses during an internship. Internships
allow for feedback from supervisors and others who are established in the field, and offer a
unique learning opportunity that you may not have again as a working adult. Embrace the
mistakes you make as an intern and the many things that you won’t know. Ask questions,
observe, and take risks to get the most out of your internship training experience.

1.2.7 GAIN CONFIDENCE

Internships allow you to test out specific techniques learned in the classroom before entering
the working world. It’s an opportunity to apply what you have learned in a safe environment
where mistakes are expected – rather than learn the hard way in your first job out of college.

1.2.8 GIVE YOURSELF AN EDGE IN THE JOB MARKET

One of the most important internship benefits is that college graduates who already have some
work experience in the form of an internship stand out to potential employers. Internship
experience makes a college grad more marketable as they usually require less training and can
handle more responsibilities. You may also receive a higher starting salary than those who do
not have internship experience and are entering the workforce or starting a new career

The internship provides the student the technical know-how of the theory they learn in the
classes. Regular court visit enables the students or intern to see and learn the various court
activities, court procedures and hearing. All this leads to the overall development of the intern
and adds to their existing knowledge. Also, they might be lucky and get selected for a
permanent job in the firm after post-graduation.

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CHAPTER 2 - INTERNSHIP OBSERVATION

2.1 CASE FILES

CASE FILE UPDATION AND MAINTENANCE

During the initial days of the training, I was introduced to the clientele of the Firm by being
given task of reading and maintaining the case files and updating the same as the dates of
hearing passed by. I was also provided by the court diary for keeping a track of the court hearing
dates as well as keep a brief of each of court proceedings.

During the study of such field, I came across many facts of the civil and criminal cases as
follows –

2.1.1 CIVIL CASES

1. The files are divided into four parts – The pleadings, the documents, the orders and the
miscellaneous document.

2. The stages of the civil cases are as follows: -

• Initial plaint with the facts and circumstances of this case and the relief claimed.

• Written statement filed by the Defendant which is a counter reply to the plaint filed in the
court by the plaintiff.

• Rejoinder or replication filed by the plaintiff which is a reply to the written statement of
the Defendant.

• Pre-summoning evidence for cognizance (if required, before the appearance of the
defendant u/s 156 (3) and 200 of the civil Procedure Code)

• Evidence stage of both the parties

• Documents and their denial / admission

• Interlocutory applications for various other interim relief’s

• Examination & cross examination of the witnesses (through a Written Affidavit, which has
been duly prescribed through a Court judgement in Civil Case)

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• Final Arguments

After every hearing of the court, within a span of 4-5 days, the copies of court were applied
and also got order through on the court websites - www.delhihighcourt.nic.in and
www.delhidistrictcourts.nic.in.

I was required to take out the printout of such court orders and update the files in chronological
order. These orders are later referred to for preparation for the next date of Hearing in the
courts. These Orders are later referred to the preparation for the next date of Hearing in the
courts. These internet orders cannot be used for any legal purposes but in case any such order
is required for any legal use, which may include the written transcripts of the cross Examination
and statements of the witnesses or the final orders, one can apply for Certified copy in the court
through a Certified Copy Form. A copy of the CC Form is annexed with this report for
immediate reference. Such a Certified Copy has a legal identify and can be used at various
agencies.

In all the files, before being taken up, the client is required to sign a Vakalatnama or a
Declaration of Representation which enables the Counsel to Appear in the court of Law and
the original has to be submitted to the court before appearing on behalf of the respective parties
as their legal counsel in the court.

All the plaints and other legal documents require a specific Court value and the need suit
valuation before being filed/ submitting in the court of law for e.g.-

▪ For Vakalatnama – 1. Advocate Welfare Stamp of Rs. 5/- and court fee of Rs. 2/-

▪ For Process Fee Form – Rs. 2/- (Court fee for No.1 of pages is different)

▪ For Certified Copy Form – Rs. 4/-

▪ For File Inspection Form – Rs. 5/- or Rs. 10/-

The suit valuation and stamp duty of the suit is calculated by a specific chart given in the Court
Fee Stamp Act 1899 and the Suit Valuation Act 1887. They are to be referred and the stamp
duty/court fee is to be paid accordingly. The court fee in cases of high value is given through
stamp papers of respective value issued by the state bank group (at Tis Hazari State Bank of
India for Delhi District Courts).

Before filing of any of the pleading in the court, given due respect to the Principle of Natural
Justice, the respective Council are required to send the advance copy of the same to the other

14
party and the receipt of such serving is to be attached with the plaint at the time of filing to the
court.

Such a notice of motion of serving of the advance copy is usually preferred by the India Post.
For process fee and summoning of defendants, there is specific form which is issued by the
Indian Personal Service which has to be used to the same. The copy of the said form is annexed
with this report.

2.2.2 CRMINAL CASES

Criminal cases involve enforcing public codes of behaviour, which are codified in the laws of
the state. In criminal cases, the government prosecutes individuals for violating those laws (in
other words, for allegedly committing a crime). Punishment in criminal cases can include fines,
community service, probation, prison, and the like.

1) The files in the criminal cases are similar to that of the civil cases except the fact that the
parties to such cases are State (compulsorily), the Complainant (in some cases) and the
Accused (persons). The cases for the state are by the public prosecutor who is the agent of
the state where as the Accused is at liberty to choose his/her council and take legal advice.

2) The criminal cases, bail matters and accident cases and MACT (Motor Accident Claims
Tribunal), cases under domestic violence and dowry harassment (U/s 498 A of the Indian
Penal Code), as well as Murder, Criminal Defamation, Cheating, Forgery, Fraud, Criminal
Breach of Trust, Criminal Misappropriation, Adultery, Dishonour of Cheque U/s 138 of
the Negotiable Instruments Act 1881 etc.

3) In many cases, the Courts take have cognizance of offence in cases U/s 136 (3) and 200 of
the Criminal Procedure Code when the Police failed to take any action even on the
complaint of the Petitioner and the court may direct the police to take the investigations
(U/s 200 Cr.P.C.), in such cases, the criminal complaint is under the consideration of the
Court itself.

4) There are two types of Warrants issued against the accused – bailable and non-Bailable. In
bailable cases, the SHO can grant bail after filling the bail bonds and in non – bailable
cases, the accused has to appear in the court for bail. In many petty criminal cases, bailable
warrants are issued against the accused. In cases of non-appearance, the court can issue
non-bailable warrants for compelling appearance of the accused. Relief u/s 438 Cr.P.C. for
the grant of anticipatory bail was also granted in some cases.

15
5) I learnt to fill a bail bond in a case where in a Non-Bailable Warrant was issued against our
client for non-appearance in a Dishonour of Cheque Case. A Copy of bail bond is annexed
with this report.

6) In one of the discussions in criminal case, I came to know about the “Test Identification
Parade” in some cases the articles of the offence (for ex. Robbery items) sealed by the Duty
Officer at the time of recovery, were produced before the Court for identification and
evidence and such sealed items were produced before the Court on the day of evidence/
charge decision in such cases. In case of absence of such seal on the items, the court, at its
discretion, can recognize non- admissibility of such evidence with respect to such articles
and render them as tempered.

7) In matrimonial cases of criminal nature, like that u/s 498 A of the Indian Penal Code 1860,
the court may direct the parties for Mediation for settlement before taking cognizance of
the Offence and taking and adverse section against either of the parties.

There are many criminal cases with a civil nature and vice versa, in such cases, the court, may
or may not, proceed with the cases separately or together, with due consideration to the facts
and circumstances of the case.

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2.2 PUBLIC PROSECUTOR
A Public Prosecutor is considered as the agent of the state to represent the interest of common
people in the criminal justice system. The prosecution of the accused is the duty of the state
but not individually the duty of the aggrieved party. They are appointed in almost all countries.
The Public Prosecutor is defined in Section 24 of Cr.P.C. They serve as the basic principle of
Rule of Law i.e., auld alteram partem (no person shall be condemned unheard).

Section 2(u) of the Code of Criminal Procedure defines Public Prosecutor.

“A person who is appointed under Section 24 of CrPC and it also includes any person who is
acting under the directions of Public Prosecutor.”

In the case of Babu vs State of Kerala, The Court observed that Public Prosecutors are
ministers of justice who is duty bound to assist the judge in the administration of justice.

FUNCTIONS

The functions of the Public Prosecutor differ according to their designation.

• Public Prosecutor

Supervise the function exercised by the Additional Public Prosecutor in Session Court and
High Court.

• Chief Prosecutor
Supervise the functions exercised by Assistant Public Prosecutor in Metropolitan Magistrate
Court.

• Additional Prosecutor
Conduct criminal proceedings in the Session Court.

• Assistant Public Prosecutor

They examine the charge sheet prepared by agencies and submit the acquittal or discharge.
They also are responsible for the evaluation of evidence and filing revisions petitions. They
also conduct the criminal proceedings in the Court of Metropolitan Magistrate.

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• Director of Prosecution
It is the head office. They exercise the overall control and supervision of officers of Directorate.
They also look after the Account Branches.

The objective of establishing a Directorate of Public Prosecutors is to supervise and scrutinise

the functions relating to various prosecution agencies at Assistant Session level and Session
level except at High Court.

REASONS FOR THE APPOINTMENT OF PUBLIC PROSECUTOR

Whenever any crime is committed against a group or individual, it is assumed that it has been
committed against society. It is the duty of the state to provide justice to any group of society
or person who is affected by the crime. In India, it is necessary that the criminal justice system
should function within the limits of the Indian Constitution, which means that it is necessary
for the Public Prosecutor to act in accordance with the principles of:

• Equality before law

• Protection against double jeopardy
• Protection against self-incrimination
• Protection against ex-post law
• Right to life and personal liberty except procedure established by law
• Presumption of innocence until proven guilty
• Arrest and detention must be in accordance with the provisions of Cr.P.C.
• Equal protection of laws
• Speedy trial
• Prohibition of discrimination
• Right of accused to remain silent

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ROLE OF PUBLIC PROSECUTORS

➢ Role of the Public Prosecutor in the investigating process

• To make an appearance in the Court and obtain an arrest warrant
• To obtain search warrants for conducting a search in specified premises
• To obtain police custody remand for interrogation (including custodial interrogation) of the
accused
• To initiate a proceeding for the declaration of the non-traceable offender as the proclaimed
offender
• To record the evidence of accused in the police report regarding the advisability of the
prosecutions

➢ Role of Public Prosecutors at the time of trial

• Sentencing- when the accused is proven guilty, then the defence counsel and the Public
Prosecutor further argue to decide the quantum of punishment. At this stage, the Public
Prosecutor may argue for the adequate punishment keeping in mind the facts, circumstances
of case and gravity of the offence. It helps the judge to arrive at a judicious decision.
• To conduct a speedy trial- Right to a speedy trial is a fundamental right and it is impliedly
given in Article 21 of Constitution of India which states “Right to life and Personal
Liberty”. The prosecutors have a responsibility to call all the witnesses whose evidence is
essential to decide the case.
• To cross-examine the witness and to see that no witness if left unexamined. To produce all
the necessary documents.

➢ Other Important Roles

• The Public Prosecutor cannot aggravate the facts of the case or deny to examine the witness
whose evidence may weaken the case. The main aim must be to discover the truth.
• He should not defend the accused. It is against the fair play of administration of justice or
against the legal profession.
• He represents the State, not police. He is an Officer of State and is appointed by State
Government. He is not a part of any investigating agencies but an independent authority.
He is charged with statutory duties.
• Superintendent of; police or District Magistrate cannot compel to the Public Prosecutor to
withdraw the case.

19
• If there is an issue which is raised by defence counsel and failed, it should be brought out
in the notice of the court by Public Prosecutor.
• To ensure that justice is done.

HIERARCHY OF PUBLIC PROSECUTOR ACCORDING TO SECTION 24

▪ The Public Prosecutor appointed by Central Government

▪ The Public Prosecutor appointed by State Government
▪ Additional Public Prosecutor appointed by State Government.
▪ Special Public Prosecutor appointed by Central Government
▪ Special Public Prosecutor appointed by State Government.
▪ Section 24 of Cr.P.C talks about the appointment of Public Prosecutors in the District Court
and High Court by the state government and central government respectively.

➢ The court stated that “a Public Prosecutor is not expected to show a thirst to reach the case
in the conviction of the accused somehow or other irrespective of the facts of the case. The
attitude of the Public Prosecutor must be fair towards the investigating agencies and as well
as towards the accused.”

In the case of Radheyshyam vs State of M.P & Ors, the court stated that a special Public
Prosecutor can be appointed when the administration of justice is required. They cannot appoint
only on the request of the complainant. His remuneration is paid by the state because if it will
be paid by the private party, then his ability or capacity to perform his role as a Public
Prosecutor will be endangered. The government cannot appoint Special Public Prosecutor on
such terms, directing him to receive his remuneration from any private individual.

20
2.3 HIERARCHY OF COURTS

WORKING OF THE COURTS

The hierarchy of courts as observed by me during my internship days was as follows: -

2.3.1 IN CIVIL CASES

SUPREME COURT

HIGH COURT

DISTRICT COURT

(DISTRICT JUDGE)

COURT OF CIVIL JUDGE

CIVIL JUDGE

ADDITIONAL CIVIL JUDGE

SENIOR & JUNIOR DIVISION

21
2.3.2 IN CRIMINAL CASES

SUPREME COURT

HIGH COURT

SESSION COURT

(Session judge)

ADDITIONAL COURT OF SESSION

JUDICIAL MEGISTRATE

CHIEF JUDICIAL MAGISTRATE

JUDICIAL MAGISTRATE CLASS 1 & 11

22
2.3.3 SYSTEM OF THE COURT
2.3.3.1 Ahlmad Room – Each district court, irrespective of being civil or criminal, has an
Ahlmad Room, which is a record room of file room for each of the courts. These rooms are
meant to maintain the judicial files which are kept according to the dates and orders. It is the
task of the record – keeper to send the files to the court on the date of hearing. After the
dismissal of the cases, it is sent to the record room.

2.3.3.2 Cause List – Each court has list, which is a systematic arrangement of court cases to be
heard on one day. This cause list is available at the court door and on the court websites as well
as after putting in the requisite information. Call outs are made according to the order in such
cause list at the court.

2.3.3.3 Court lock up – Each court complex has its own police lock up where the arrested
accused person are kept before being bought before the hon’ble or magistrate for extension of
judicial or police remand. Recently, the Delhi police have also started a video conferencing
facility wherein the magistrate can grant ‘Rehnumai’ or extension over the video conference
with the accused person from the respective jail complex itself.

2.3.3.4 Case status - The court clerk of the judge / magistrate has to update the court website
everyday with the respective orders in the cases given by the presiding officers. This new
electronic form of case status is very convenient and user friendly as well as fast and efficient.
With a click of a button, one can find a case with all its irrespective details on the court website
and get instantly updated about last court’s proceedings.

2.3.3.5 Nayab Court – The Nayab court is the representative of the police present in all the
courts. His duty is to keep track of the police cases in the court, the reporting of such court
proceedings to the respective IOs (Investing officers) summon them and assist the court vis-à-
vis the police under its local jurisdiction limit. The Nayab Court requires status reports and
investigations charge sheet filing to be done by the police.

2.3.3.6 Record Room – The Record Room is where all the court files are kept. Whenever any
person or counsel wants to inspect the case tiles, one can apply for inspection through a Form
(annexed with this report) along with the respective Court Room Reference Number and court
stamp of Rs. 5/- (for ordinary inspection) or Rs. 10/- (For urgent inspection).

23
TABLE OF CASES

S. No. Cases
1. Sh. Jagmohan Singh v. Trilochan Singh
2. State v. Sardesh Singh
3. State v. Nihal Singh
4. State v. Uttam Dabas
5. State v. Rajesh & Ors.
6. State v. Rohit Lakra
7. Subhash Malik v. Khushi Verma
8. State v. Sushil Kumar
9. Rachna Beniwal v. Siddharth Beniwal
10. State v. Pradeep Kumar
11. Raj Singh Solanki v. Nihal Singh & Ors.
12. State v. Suresh Kumar
13. State v. Mohd. Irfan
14. State v. Pradeep
15. State v. Vinod
16. Hitender v. Balkishan Shokeen
17. State v. Sachin Bansal
18. Geeta v. Suraj

24
CHAPTER 3 – CASE DISCUSSION
During the initial days of the training, I was introduced to the clientele of the Firm by being
given task of reading and maintaining the case files and updating the same as the dates of
hearing passed by. I was also provided by the court diary for keeping a track of the court hearing
dates as well as keep a brief of each of court proceedings.

CASE NO. 1

Case Date: 01.03.23

Case Title:

SH. JAGMOHAN SINGH V. TRILOCHAN SINGH

Subject Matter:
• Matter related to sec 138 of Negotiable Act

Brief Facts of the case:

1) The complainant and the defendant were close friends and on one day the defendant asked
the complainant to pay a friendly loan of Rs 20 lakhs.
2) The defendant further stated that he will return the said amount in 20 to 25 days.
3) After the expiration of said period, the complainant asked him for the money on which the
defendant handed over a cheque of Rs 20 lakh to the complainant.
4) When the complainant presented the said cheque in the appropriate bank, the bank shows
him that there was not sufficient amount in the said account.

Court Decision/ Observation:

• After 3 to 4 dates the case was transferred to mediator cell as both the parties were friends
in the past and the matter in issue was only the money.

25
CASE NO. 2

Case Date: 02.03.23

Case Title:

STATE V. SARDESH SINGH

Subject matter:

• Case registered under 306 IPC

Brief Facts of the case:

1) A lady committed suicide by naming three persons in her dying declaration.

2) In audio as well as in video form which were recorded by her friend namely Ajay in the
hospital by his private phone.
3) In her dying declaration she stated that she is committing suicide because Sardesh Singh
along with two other persons is defaming her by putting false allegation on her.
4) She also stated that Sardesh Singh along with other accused is the sole reason of her death.

Court Decision / Observation:

• Appeal of bail of applicant/ accused was filed before the hon’ble session court and bail was
granted.
• The case was totally based on the Dying Declaration but the alleged dying declaration was
not recorded as per the norms of Delhi High Court rules and regulations that is why he was
granted bail by hon’ble session court.

26
CASE NO. 3

Case Date: 04.03.23

Case Title:

STATE V. NIHAL SINGH

Subject matter:

• Case registered U/S 354/506/509 of IPC

Brief Facts of the Case:

1) FIR was registered against Nihal Singh by a lady saying that Nihal Singh touched her
several times when they were travelling in a car.
2) She also stated that Nihal Singh uses to call her several times in a day saying that she needs
to compromise before him in order to live peacefully in the society

Court Decision / Observation:

• Application of interim bail of applicant accused is filed before the Honorable session Court
and the same was granted.
• The Honorable court observed that there was an unexplained delay in the registration of
FIR and furthermore the incident on which that lady is relying is not a proximate link.
• The Honorable Court while granting interim bail also stated that in future Nihal Singh will
not meet her.

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CASE NO. 4

Case Date: 04.03.23

Case Title:

STATE V. UTTAM DABAS

Subject matter:

• Case registered under sec 498 (A) of IPC

Brief Facts of the Case:

1) Complainant got registered a case under sec 498 (A) of IPC against her husband, Father-
in-law, mother-in-law.
2) In her FIR she stated that her husband, father-in-law, mother-in-law after one month of her
marriage started demanding dowry and started beating her continuously.
3) She further stated that her husband Rohit works in a private company at Chandigarh and he
never takes her with him. She had to live alone with her in-laws.
4) Further she stated that on one night her father-in-law after drinking alcohol beated her badly
and also tried to rape her.

Court Decision / Observation:

• All the three accused were sent to judicial custody and after 14 days mother-in-law and
father-in-law of the lady were granted bail as they were senior citizens.

28
CASE NO. 5

Case Date: 06.03.23

Case Title:

STATE V. RAJESH & ORS.

Subject Matter:

• Case is registered u/s 302 IPC

Brief Facts of the Case:

1) Two police men were patrolling during late hours at night suddenly they saw that two
persons were rashly driving a bike.
2) The police men followed them and stopped them on account of which the police men came
to know that they were carrying the illegal desi sharab (alcohol) with them.
3) The police then tried to seize the desi sharab due to which Rajesh shoot a policeman with
a desi katta and he died on the spot.

Court Decision / Observation:

• Trial is being conducted by Honorable session court charges have been framed prosecution
evidence have been also completed and cross examination and witnesses are going on.
• The case is registered under section 302 of IPC and I observed the way public prosecutor
was conducting prosecution evidences.

29
CASE NO. 6

Case Date: 09.03.23

Case Title:

STATE V. ROHIT LAKRA

Subject Matter:

• Case registered under sec 302/34 IPC

Brief Facts of the Case:

1) Three persons namely Rohit Lakra, Suraj pal, Rajbir shot a cable operator named Devender
Rathi.
2) A pistol was recovered from Suraj pal while nothing has been recovered from Rajbir and
Rohit Lakra.
3) F.I.R. was registered by the father of deceased Devender Rathi and his is the eye witness
of the entire incident.

Court Decision / Observation:

• Case is on the evidence stage.

• 64 witnesses have been prosecuted by the state and cross examination is going on.

30
CASE NO. 7

Case Date: 13.03.23

Case Title:

SUBHASH MALIK V. KHUSHI VERMA

Subject Matter:

• Complaint filed under sec 156 (3) Cr.P.C

Brief Facts of the Case:

1) Complainant Subhash and Dimple Verma were batch mates in year 2013.
2) They never talked to each other during classes and after classes they became Facebook
friends and occasionally, they started meeting each other due to which the accused Khushi
Verma fall in love with complainant Subhash Malik.
3) She proposed him for marriage but the complainant flatly denied the proposal as a
consequence of which the girl started blackmailing and extorting the complainant saying
that either you marry me or I will end my life and indulge you in false case.
4) Complaint sent to police officials but the response was a big zero.

Court Decision / Observation:

Court asked after filing of complain under sec 156 (3) Cr.P.C. Court asked for ATR (action
taking report) on next date of hearing.

31
CASE NO. 8

Case Date: 13.03.23

Case Title:

STATE V. SUSHIL KUMAR

Subject matter:

• Case registered under sec 302 of IPC

Brief Facts of the Case:

1) Sushil along with three other persons out of which one was juvenile killed his stepmother’s
brother namely Ravi by slicing his throat with a sharp knife and juvenile shot he said
persons with two bullets.
2) By hearing scream of Ravi his sister (step-mother of Sushil) came on the spot and she saw
them running from the spot.
3) FIR was registered by stepmother of Sushil.

Court Decision / Observation:

• Juvenile was granted bail by the hon’ble court as he was minor when he committed the
crime.
• Rest of the two accused are in J.C.
• Case is on the evidence stage.

32
CASE NO. 9
Case Date: 14.03.23
Case Title:

RACHNA BENIWAL V. SIDDHARTH BENIWAL

Subject Matter:
• Case registered under sec 13 B (1), 13 B (2) of HMA

Brief Facts of the Case:

1) Marriage between Rachna and Siddharth Beniwal was solemnized in the year 2013 but
after one month of marriage the situation between them became like hell due to
temperamental differences.
2) The marriage only resulted in physical and mental torture to both the parties. There is no
issue from the marriage.
3) The party clearly stated that they can’t live together and they are filing for mutual divorce.

Court Decision / Observation:

• As this is the matter of mutual divorce the case was sent to mediation cell.

Mediation cell decision

• In mediation cell Siddharth Beniwal was asked to pay 15 lakh Rs to Rachna Beniwal in two
instalments. 1st instalment was of 8 lakh and 2nd was of 7 lakhs.

33
CASE NO. 10

Case Date: 17.03.23

Case Title:

STATE V. PRADEEP KUMAR

Subject matter:
• Case registered under section 38/39 of Delhi Excise Act

Brief Facts of the Case:

1) FIR against Pradeep Kumar was registered stating that he was caught while he was carrying
100 quarters of desi sharab in a plastic bag.
2) Police officials who caught Pradeep Kumar who were the eye-witnesses of the incidents.

Court Decision / Observation:

• Application of bail of applicant accused was file before the hon’ble court and the same was
granted.

34
CASE NO. 11

Case Date: 17.03.23

Case Title:

RAJ SINGH SOLANKI VS. NIHAL SINGH & ORS.

Subject Matter:
• Application filed Under Section 279/337 OF INDIAN PENAL CODE.

Brief Facts of the case:

1) This case is related with an accident of one of the brothers of a vegetable seller by the
Maruti car.
2) The facts of this case are that there were two brothers who used to run vegetable stall (rehdi)
and both the brothers used to work on same stall and one fine day one of the brother went
for purchasing vegetables from nearby market and the other was on the stall and then one
Maruti car of white colour of number UP 6C6656 hit the brother who went for purchasing
vegetables.
3) So, the petition was filed against car driver.

Court Decision / Observation:

• When I appeared in the court room for the hearing of the case then no further proceeding
of the case was done. Only next date was given for the statement of accused.

35
CASE NO.12

Case Date: 20.03.23

Case Title:

STATE VS. SURESH KUMAR

Subject Matter:

• Petition filed under section 498A/ 304B/ 34 OF INDIAN PENAL CODE.

Brief Facts of the case:

1) The facts of this case are related to the dowry death.

2) The brief facts are that the daughter of the plaintiff was married to the accused Suresh and
at the time of marriage he had given jewellery worth Rs. 9 lakhs and one car i.e., Hyundai
Verna. After that also on many occasions they asked for money and the father of daughter
gave rs.2,50,000, rs.5,00,000 at different occasions.
3) But after few months the call of daughter came and she said that her in-laws are asking for
a sum of Rs. 15,00,000. Moreover, they are beating her for dowry and plaintiff said that he
is unable to give such huge money and then the very next day the call of his son-in-law
came and he said that his wife had died.
4) So, the FIR was filed in the police station against all IN-LAWS.

Court Decision / Observation:

• On the present day of hearing, the statements of the witnesses were taken and recorded by
public prosecutor and next date was given.

36
Case No. 13
Case Date: 20.03.23
Case Title:

STATE VS. MOHD. IRFAN

Subject Matter:
• Complaint U/S 138 OF NEGOTIABLE INSTRUMENTS ACT read with section 420 OF
IPC.

Brief facts of the case:

1) The facts of the case are that the accused is personally known to complainant and accused
on 3 April 2006 came to complainant and made a request for the advancement of friendly
loan of Rs. 25,00,000 and as there were good relations between both and accused promised
to repay the loan within 2 months and for gaining trust, he made post-dated cheque for Rs.
25,00,000 in favour of complainant.
2) But after due date when complainant deposited that cheque in the bank then the cheque got
dishonored and complainant sent a legal notice to be accused but the accused did not give
even a single penny to complainant.
3) So, then complainant filed a case against him under Section 138 of Negotiable Instruments
act.

Court Decision / Observation:

• On the day of hearing the proceedings were going on the stage of evidence of complainant.

37
CASE NO.14
Case Date: 23.03.23
Case Title:

STATE V. PRADEEP

Subject Matter:
• Bail application U/S 439 CrPC on behalf of accused for grant of bail.

Brief facts of the case:

1) The facts of the said case are that accused is married man of about 25 years and one day
while going out, the motorcycle of accused got touched with the complainant on the road
and due to this altercation took between both of them and soon crowd gathered there and
police came on the spot and tried to solve the matter but the complainant did not agree and
the police took both of them to police station.
2) The allegation was that the accused had snatched the mobile phone of complainant. But
according to the accused no such activity was there was simply touching of motorcycle
with the complainant.
3) But on the complaint of the complainant the accused was taken to police custody and a bail
application was filed.

Court Decision / Observation:

• The bail was granted to the accused as the charges were false and there was no previous
criminal record also and case was falsely fabricated.

38
CASE NO.15

Case Date: 27.03.23

Case Title:

STATE VS. VINOD

Subject matter:

• Application for Anticipatory bail.

Brief facts of the Case:

1) This is an application for anticipatory bail. The facts of the case are that applicant is the
husband of the complainant. It is jointly stated that there is a possibility of settlement. Joint
request has been made to refer the matter to mediation centre. Tis Hazari Court for the said
purpose.
2) Considering the nature of dispute, both the parties are directed to appear before Ld. In
charge mediation Centre on 17.03.21at 02:00 pm.

Court Observation:

• On the day of hearing of the case the notice was sent to both the parties for appearing in
the court on 17.03.21 at 02:00 pm and no further proceedings were conducted.

39
CASE NO.16

Case Date: 27.03.23

Case Title:

HITENDER V. BALKISHAN SHOKEEN

Subject matter:

• The case was under section 304-B and section 498-A of IPC.

Procedure Observed:

• The accused along with his father and mother is alleged to have committed cruelty on his
wife and the FIR was registered against the accused persons by the brother of the deceased.

Observation:

• The case was registered under section 304-B and section 498-A of IPC. Charges were
framed. On the present day of hearing chief examination of the neighbour of the accused
was done (PW– 10) and the next date of hearing is set for cross-examination of Pw 7, 8 and
9.

40
CASE NO.17

Case Date: 28.03.23

Case Title:

STATE V. SACHIN BANSAL

Subject matter:

• The case was under section 376 and section 511 IPC.

Procedure Observed:

• The accused is brought from the jail and his lawyer argues in the court room that the
accused should get bail.

Observation:

• I observed in this case that the accused’s lawyer filed bail application and if the Public
Prosecutor thinks that bail should not be granted then the PP argues against the bail
application, and it is up to the judge to grant bail or not and in this case the bail was rejected
and another state was given.

41
CASE NO.18

Case Date: 28.03.23

Case Title:

GEETA V. SURAJ

Subject matter:

• Sec 156(3) CrPC, Sec 200 CrPC, Sec 494 IPC, Sec 506 IPC, Sec 13(1) (i-a).

Procedure Observed:

• We had to submit affidavit of Mrs. Geeta but the judge was on leave on that day.

Observation:

• I observed that when a complaint is file in a Bigamy case, the police refused to lodge FIR
as it a non- cognizable and bailable offence, then with the directions of court, complaint is
to be filed under sec 200 CrPC.

I learned various sections such as:

▪ Section 156(3) CrPC – Magistrate may order for an investigation after lodging FIR in
cognizable offences.
▪ Section 22 CrPC – Magistrate taking cognizance of offence on complaint.
▪ Section 497 IPC – Adultery
▪ Section 494 IPC – Bigamy
▪ Section 506 IPC – Criminal intimidation punishment, if threat to be cause death or grievous
hurt, etc. (Non-cognizable) (Bailable).

42
CHAPTER 4 – RESEARCH WORK

During the days of Internship, I was directed to do research on various topics of Law. Some of
those topics including my research work are mentioned below in detailed manner.
• Section 138 of Negotiable Instrument Act, 1881
• Section 498 A of the Indian Penal Code, 1860
• Dismissal of Complaint under Cr.P.C
• Section 438 of Code of Criminal Procedure, 1973

4.1 Section 138 of Negotiable Instrument Act, 1881

Section 138 of the Act deals with the punishment for the dishonour of the cheque. The cheque
is a negotiable instrument drawn on a specified banker and not expressed to be payable
otherwise on demand. Section 6 of the NI Act makes it clear that this definition of a cheque
includes an electronic image of a truncated cheque and a cheque in electronic form. Concerning
the dishonour of cheque, the criminal proceedings against the accused is a recent addition;
before this, there were only civil and alternate dispute resolution available to the drawee. There
are still both the remedies available to the drawee. The civil remedy is the filing of a civil suit
for the recovery of damages and the criminal remedy available under Section 138 of the NI Act
does not preclude the institution of a civil suit.

Section 13 of the Negotiable Instruments Act defines negotiable instruments as “a promissory

note, bills of exchange or cheque payable either to order or to bearer”. A negotiable instrument
is a kind of document that guarantees its bearer a sum of money to be payable on demand or at
any future date. Section 138 of the NI Act is a penal provision that deals with the punishment
of dishonour of cheque. Dishonour of cheque is not an offence in itself but to become an
offence, the following ingredients should be there:
▪ There should be a drawer that draws the cheque.
▪ The cheque drawn should be in discharge of some liability.
▪ Presentation of the cheque to the drawee bank.
▪ The cheque returned by the bank unpaid on account of insufficient funds.

43
▪ The cheque should be presented within six months from the date on which it was drawn or
within the period of its validity, whichever is earlier.
▪ Within thirty days of receiving a memo of return from the bank, a notice should be served
to demand the payment of the said money.
▪ The drawer fails to pay the said money within 15 days of the receipt of the said notice.

It is to be noted here that if the drawer pays the debt within 15 days, there would be no offence.
The offence is said to be committed under Section 138 of the NI Act, only when he fails to pay
the debt within 15 days and such person shall be punishable with imprisonment for a term
which may be extended to two years, or with a fine which may extend to twice the amount of
the cheque, or with both.

FEW IMPORTANT POINTS RELATING TO DISHONOUR OF THE CHEQUE

• Status of premature complaint

In ‘Yogendra Pratap Singh v. Savitri Pandey’, the Hon’ble Supreme Court held that no
cause of action is said to have arisen until the period of 15 days elapsed. Therefore, the
Court is barred from taking cognizance of a complaint made before the expiry of 15 days.

• Successive presentation of cheques

In ‘MSR Leathers v. S. Palaniappan’, it was observed that the payee can present a cheque
many times for its encashment before the expiry of 3 months from the date on which it was
drawn or within its validity, whichever is earlier.

• Who can file a complaint?

Section 142 of the act mandates that the complaint must be filed by the payee or holder in
due course of the cheque. Where a payee is a natural person, he can file a complaint and
when the payee is a firm or company or a juristic person, it must be represented by a natural
person. [Sankar Finance and Investment v. State of A.P. & Others]

• Death of the complainant

In ‘Chand Devi Daga & Ors. v. Manju K. Humatani & Ors.’ it was held that the legal
heirs of the complainant can move an application under Section 302 of CrPC.

44
• Insufficiency of funds
In ‘Laxmi Dyechem v. State of Gujarat and Ors.’, it was held that insufficiency of funds
includes “account closed”, “payment stopped”, “referred to the drawer”.

• Time barred debt

Time barred debt is not legally enforceable. [Ramakrishnan v. Parthasarathy]

PUNISHMENT FOR THE OFFENCES UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENTS ACT, 1881

▪ A person convicted for an offence under Section 138 of the Negotiable Instrument Act,
1881 shall be punished with imprisonment for a term which may extend to 2 years and with
a fine which may extend to twice the amount of the cheque, or with both.
▪ The provisions from Section 138 to 142 were introduced with an object to increase the
credibility of a cheque for easy settlement of liabilities. Though the Act is primarily a civil
law to ensure smooth functioning of any transaction penal punishments were added.
▪ It is worth pointing here that Section 29 of CrPC deals with the power of the magistrate to
pass the sentence. So, for instance, a Judicial Magistrate of First Class would not be able to
impose a fine of more than 10000/-.
▪ This difficulty was removed by Amendment Act No.55 of 2002 thereby inserting Section
143(1) of the NI ACT and subsequently empowered the magistrates to impose a fine
exceeding their limits ceiling being twice the amount of cheque.

45
4.2 Section 498 A of the Indian Penal Code, 1860

MEANING OF SECTION 498A

▪ Section 498A of IPC came as a significant addition to the Indian Penal Code, 1860, which
was introduced in 1983 to safeguard the rights and empowerment of women. Under Section
498A of the Indian Penal Code, extortion of any form of property by subjecting a woman
to cruelty is punishable. The Government of India amended the Indian Penal Code, 1860
(IPC) by way of the Criminal Law (Second Amendment) Act, 1983 on 26 December 1983,
and inserted a new Section 498(A) under Chapter XX-A, Of Cruelty by Husband or
Relatives Of Husband.

▪ The word ‘cruelty’ has been described in broad terms so as to include causing physical or
mental harm to the body or health of the woman and indulging in acts of harassment with
a view to coerce her or her relations to meet any unlawful demand for any property or
valuable protection.

▪ The section was enacted to deal with the threat of dowry deaths. It was implemented in the
code by the Criminal Law Reform Act, 1983 (Act 46 of 1983). By the same Act, Section
113-A has been added to the Indian Evidence Act to raise presumption regarding abetment
of suicide by a married woman. The main aim of the I.P.C section 498-A is to shield a
woman who is being abused by her husband or husband’s relatives.

▪ Harassment for dowry falls within the sweeping of the Section’s latter limb and creating a
condition that pushes the woman to commit suicide is also one of the ingredients of
cruelties. It states that if such a woman is subjected to cruelty by a husband or relative of a
woman’s husband, he shall be punished with imprisonment for a period of up to three years
and also liable to fine. The crime under Section 498A is cognizable, non-compoundable
and non-bailable.

46
 INGREDIENTS OF THIS SECTION

For the commission of an offence under Section 498-A, following necessary ingredients
require to be satisfied:
• The woman must be married
• She must be subjected to cruelty or harassment
• Such cruelty or harassment must have been shown either by the husband of the woman or
by the relative of her husband.

This section’s bare perusal points out that the word ‘cruelty’ covers the occurrence of the
following Act(s):
1. Any wilful behaviour which might lead a woman to suicide or cause serious damage or
danger to life, limb, or life
2. A woman’s health (mental or physical)
3. The harassment of a woman in the event of such harassment, with a view to obliging her
or any other person related to her to fulfil an illegal requirement for any property or valuable
security.

▪ In case of, Kaliyaperumal v. State of Tamil Nadu, the Hon’ble Court held that in offences
under each of Sections 304B and 498A of the IPC, cruelty may be a common element.
Nevertheless, the two sections are not reciprocally inclusive, each articulate offence
connected with guilty persons under section 304B of the dowry death offence shall be guilty
of an offence under section 498A of the IPC.
▪ Section 304B does not contain its definition, but further applies in section 304B the concept
of cruelty or abuse specified in section 498-A. Under section 498A of the IPC, cruelty alone
amounts to a related crime, while under Section 304B the offence relates to gift death and
that death should have occurred during the seven-year marriage period.
▪ However, no such sum is stated in section 498A.

47
4.3 Dismissal of Complaint under Cr.P.C

COMPLAINT PROCEEDINGS UNDER JUDICIAL MAGISTRATE

Examination of the complainant

• Section 200 of CrPC says that a Magistrate, who is authorised to take account of the offence
took place on a complaint, shall consider upon the oath presented by both complainant and
witnesses if there is any and later the material obtained from this examination shall be
reduced to writing along with the sign of the complainant and the witnesses and also of the
Magistrate. According to the definition provided in Section 2(d) of Cr.P.C, a complaint can
be in any of the forms both oral or written. Nor does Section 200 or any other section
require the complainant to present a written complaint to the Magistrate personally.
Therefore, the complaints sent to the Magistrate through posts are valid and he can take
action on such complaints also.
• Whether the complaint is in the form of writing or oral, Section 200 of Cr.P.C makes it
legally mandatory to be examined by the Magistrate on oath. The mere objective of such
an examination of the complaint presented to the Magistrate is to establish whether there is
any direct or actual case against the person who is being accused of the offence in the
following complaint. Further, it aims to restrict the issue of process on a complaint which
is either false or inappropriate or may be intended only to harass a person by accusing him
of an offence.
• The provisions provided under Section 200 are not a mere formality but instead made by
the legislature to protect and guard the accused person against the unwarranted complaints.
These provisions are not discretionary but mandatory to be performed by the Magistrate.
In some cases, the non-examination or improper examination of the complaint by the
Magistrate has been considered merely non-uniform and not “ineffective of the
proceedings” in the absence of failure of justice towards the accused. It is also considered
that the non-examination of the complaint by the Magistrate may cause harm to the
complainant, not the person who has been accused by him. There is no need for re-
examination regarding the case ‘complaint by a public servant or court’ and ‘Magistrate
forwards the case to a different Magistrate under Section 192’.

48
THE PROCEDURE BY MAGISTRATE NOT COMPETENT TO TAKE COGNIZANCE OF
THE CASE
• According to Section 201 of CrPC, ‘‘If a complaint is made before a Magistrate who is not
competent to take cognizance of the case, then Magistrate will do either of the two things
as follows-
1. If a Complaint is made in writing, then the Magistrate needs to refer the following case to
the proper court for the presentation with the support for that effect.
2. If the Complaint is not in writing, then the Magistrate shall direct the complainant to the
proper Court.

POSTPONEMENT OF ISSUE OF PROCESS

According to Section 202, the order of investigation is called “Post Cognizance Investigation”
which is not the investigation done under Chapter 12 of CrPC (Section 156(3)). Therefore, any
report submitted under this order shall be done as per Section 202 CrPC and not as that of
Section 173(2) of CrPC. This investigation under Section 202 CrPC is for the limited purpose
as asked for by the Judicial Magistrate. However, the Judicial Magistrate will not order
investigation under Section 202 if:

▪ The matter is exclusively triable by the Court of Session.

▪ When the complaint has been made by the public servant and the matter is not
exclusively triable by the Court of Session.

• According to this section, the collection of evidence can be done by the police officer or by
any such person who is considered to be fit and is authorised by the Judicial Magistrate on
that behalf.
• The main objective of the investigation directed under this section is to aid the Magistrate
in making up a decision to move towards the issue of process and this process should not
be thorough and exhaustive in nature. There need not be any investigation to be directed if
the offence is specially carried out for trial by the Court of Session which is ultimately
going to indirectly help in achieving an inquiry made by the Magistrate himself.

49
• Section 202(2) of CrPC talks about the idea that in cases of offences which are entirely
triable by the Court of Session the inquiry should be Broad-based in nature whereas unlike
in the cases left on the discretionary action of the Magistrate.

DISMISSAL OF THE COMPLAINT

According to Section 203 of CrPC, “The Magistrate can also dismiss the complaint if inquiry
or investigation under Section 202 result no ground for proceedings”, i.e., after considering the
statements of the complainant and its witnesses under Section 200 and the result of
investigation under Section 202, the Judicial Magistrate is of the opinion that there is no
sufficient ground to proceed in the matter, he shall dismiss the complaint with brief recorded
reasons. A second complaint on the same facts could be entertained only in exceptional cases.

ISSUE OF PROCESS

As per Section 204 CrPC, if the Judicial Magistrate taking Cognizance of an offence considers
that there is sufficient ground to proceed in the matter, he shall issue process against the accused
person in the following manner:

▪ If it’s a summons case, he shall issue a summons for the attendance of the accused
▪ If it’s a warrant case, he may issue a warrant or if he thinks fit, may issue a summon for
causing the accused to appear at a certain date and time.

This whole procedure of issuing summons or warrants under Section 204 CrPC is to make the
accused person aware of the prosecution witnesses and to prepare his defence.

Once the Judicial Magistrate has issued summons or warrants in a case, he cannot recall his
order of issue process. Therefore, the only recourse available to the aggrieved person to
challenge the issuance of process under Section 204 CrPC is by invoking Section 482 CrPC.

50
DISMISSAL OF COMPLAINT

• Section 203 of CrPC authorises a Magistrate to take cognizance on a complaint by the

complainant to build an opinion regarding the sufficiency of grounds to continue with the
proceeding of the case. This opinion must be based on the statements made by the
complainant and his witnesses and further depends on the result of the investigation or of
an inquiry as per Section 202.
• The Magistrate is required to apply his mind on the material facts available regarding the
case and then form an opinion whether those grounds are sufficient or not to continue
further with the proceeding of the case.
• The case is entirely triable by the Court of Session at the stage of Section 203 and Section
204 of CrPC. All that the Magistrate is required to do is to study or examine the complaint
properly and to check that the evidence recorded during the introductory inquiry under the
Section 200 and Section 202 are direct evidence in support of the charges put on the accused
person. At the later stage that is as per Section 203, the Magistrate is not required to measure
the available evidence precisely and leave it for the trial court to perform.
• The quality to be maintained in examining the evidence should not be the same as
maintained during the stage of framing charges. The standards of proof and opinion should
not be applied exactly during the stage of framing charges like applied finally before
establishing the accused person guilty of the offence. So, if, the stage of Section 202 or 204
provides with the direct evidence to support the allegation put on the accused in the
complaint related to the case exclusively triable by the Court of Session, that will be
sufficient ground for issuing the process to the accused and further committing him for the
trial to the Court of Session.
• As per the Section 203, the magistrate in exercising his discretion should not allow himself
to get manipulated by consideration of the motive by which the complainant may have
acted in the matter and not by any other consideration outside the facts which are presented
by the complainant in support of his complaint against the accused.
• Mere lapse of time between the attempt of offence and date of the complaint made by the
complainant is no ground for throwing out the complaint, though that may be relevant
considering at the trial for evaluating evidence when presented.
• The order of dismissal of the complaint by the Magistrate is subject to the examination by
higher courts and can be reviewed later. Therefore, the recording of the reasons behind the
dismissal of the complaint would be useful for such an examination of the complaint.

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• At this stage, it should be possible for the accused to satisfy the Magistrate that there was
no case existing at all against him and that he can recall the order issuing process as per the
Section 204 and further dismiss the complaint under Section 203. In the Chiman Lal v
Datar Singh and Ors. (1997) case, it was held that the dismissal of a complaint is
inappropriate where the Magistrate is unable to examine the material facts and witnesses
as stated under 202 of CrPC.

POWERS OF MAGISTRATE

▪ Section 200 demands the Magistrate to examine both the Complainant and the Witnesses
present. This obligation being essential, the Magistrate needs to ask the complaint if any
witness is there or not. In the situation of absentee of the witness, the Magistrate should
record the following fact in the order sheet.
▪ Inquiry or Investigation for Further Examination of the complaint by the Magistrate-

Any Magistrate receiving a complaint of an offence which he is authorised to take action on or

which had been directed to him under Section 192 of CrPC, if a Magistrate thinks it fit to
postpone the issue of proceedings against the accused person and either can inquire into the
case himself or direct an investigation to be made by a police officer or by any other person
which he thinks is fit for the purpose of deciding whether or not there is sufficient evidence for
the proceeding.

▪ Section 203 gives the power to dismiss the complaint under this section in every case and
for which he shall briefly record his reasons for the same because it will help in determining
whether the Magistrate while dismissing the complaint made by the complainant applied
his mind to the facts available or whether exercised his discretion properly or not.

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4.4 Section 438 of Code of Criminal Procedure, 1973
The term Anticipatory Bail Application (ABA) is nowhere defined in the Criminal Procedure
Code, 1973 (Cr. P.C), however the first mention of the said term can be seen in the 41st Law
Commission Report, 1969 (the report) where the commission felt the need to include a
provision for protecting an accused or any person who is apprehending or having a belief that
he/she may be arrested for any offence which is non-Bail able in nature.

Taking into consideration the said report and the grave need of the hour, the Parliament while
enacting the 1973 Act, added a provision for Pre-Arrest bail under Section 438 with a heading
"Direction for grant of bail to person apprehending arrest".

Bail is essentially freedom from the restriction on the liberty of an accused. It is a temporary
release of a person on some security of his appearance. Presumption of the innocence of an
accused until proven guilty is a fundamental canon of criminal jurisprudence. The provisions
of bail in the Criminal Procedure Code, 1973 (Cr. P. C) provides substance to this principle by
creating a balance between the personal liberty of an accused and the interest of society.

Bail is a matter of right in Bail able offences as provided under Section 436 of the Cr. P. C and
a matter of Judicial Discretion in Non - Bail able offences under Section 437 and 439 of Cr. P.
C. Where bail under Section 436,437 and 439 can be granted only after an arrest, Section 438
provides for a Pre - Arrest bail also commonly known as anticipatory bail. Anticipatory Bail
refers to the grant of bail in anticipation of arrest.

The concept of Anticipatory Bail gained momentum when the tendency to falsely implicate an
individual in order to injure their reputation was recognized. There was a rise in instances,
where reputed individuals were falsely implicated by their political rivals, in order to humiliate
and harass them by getting them arrested. Personal liberty of an individual is a valued facet of
his right to life and must not be put in jeopardy.

Further, the provisions of Section 438 cannot be invoked after the accused has been arrested
and after arrest, if he is to be released on bail then he must seek remedy under Section 437 or
439 Cr.P.C. In the case of Bal Chander Jain vs. State of M.P, it was held that "Anticipatory
bail" means "bail in anticipation of arrest" and when a competent court grants anticipatory bail,
an order of releasing a person at the time of arrest is granted.

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In M.P. & Anr. vs. Ram Kishan Balothia and Anr., the Apex Court held that Anticipatory
bail was not there as a statutory right before 1973. Therefore, it cannot be considered a
fundamental right under Article 21 of the Constitution of India.

HISTORICAL BACKGROUND

Anticipatory Bail became part of the Cr.P.C in 1973 after the 41st Law Commission Report
(1969) recommended for the inclusion of such provision. It was included to protect the arbitrary
violation of the right to personal liberty of the person.

NECESSITY:

• Sometimes influential persons try to implicate their rivals in false cases for the purpose of
disgracing them or for other purposes by getting them detained in jail.
• Apart from false cases, when there are reasonable grounds for believing that a person
accused of an offence is not likely to abscond or misuse his liberty while on Bail, then there
is no need to first submit him to custody, make him/her remain in prison and then apply for
Bail. In such cases, Bail could be granted earlier.
• As arbitrary arrests (often leading to harassment and humiliation of citizens) continue to be
a pervasive phenomenon in the country, therefore, the protection to people should be given.
And this was the underlying reason for the enactment of Sec. 438 in the Cr.P.C, which even
received the Parliamentary acceptance as Crucial underpinning to shield individuals’
personal liberty in a free and democratic country.

BAIL AND ITS TYPES

Definition: Bail is the conditional/provisional release of a person held under legal custody (in
matters which are yet to be pronounced by the Court), by undertaking a promise to appear in
the Court as and when required. It signifies a security/collateral deposited before the Court for
release.

In Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) case,
the Calcutta High Court explained the principle behind giving Bail.

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TYPES OF BAIL IN INDIA:

• Regular Bail:
It is a direction given by the Court (any Court within the country) to release a person who
is already under arrest and kept in police custody. For such Bail, a person can file an
application under Section 437 and 439 of the Cr.P.C.

• Interim Bail:
Bail granted for a temporary and short period by the Court till the application seeking
Anticipatory Bail or Regular Bail is pending before a Court.

• Anticipatory Bail:
A direction issued to release a person on Bail even before the person is arrested. In this
situation, there is apprehension of arrest and the person is not arrested before the Bail is
granted. For such Bail, a person can file an application under Section 438 of the Code of
Criminal Procedure (Cr.P.C). It is issued only by the Sessions Court and High Court.

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DECODING SECTION 438 THROUGH JUDICIAL INTERPRETATIONS

• The characteristics of Section 438 rest on certain terms used in the provision that convey
the intention of the legislature and have guided the Courts in the interpretation of the
Section. A plethora of cases over the due course of time have evolved the practice of grant
of anticipatory bail by Courts. However, in Gurbaksh Singh Sibbia v State of Punjab
was the first such case wherein the Supreme Court laid down the principles of a grant of
anticipatory bail with meticulous details.
• In Gurbaksh Singh Sibbia v State of Punjab, grave allegations of corruption were made
against the then Minister of Irrigation and power in the Government of Punjab. Sri
Gurbaksh Singh Sibbia filed an application before the Punjab and Haryana High Court
praying for the grant of anticipatory bail which was refused by the Court. The Court held
that the power under Section 438 is extraordinary and must be exercised sparingly in
exceptional cases only.
• It observed that the applicant must make out a special case for the grant of bail under this
Section. It further observed that in case of a reasonable demand made by the investigating
agency for remand of accused in police custody, power under Section 438 should not be
exercised. The court held that in order to balance public interest, the discretion should not
be exercised by the court in serious economic offences involving blatant corruption.

BROAD INTERPRETATION OF SECTION 438

• Section 438 is divided into 6 subsections. Section 438(1) lays down "when any person
having a reason to believe that he may get arrested for a non-bailable offence then he can
apply for anticipatory bail to the High Court or the Court of session and it is at the discretion
of the Court that whether they want to give the bail or not". Thus, anticipatory bail is not a
matter of right of the accused as regular bail in case of bailable offence or the default bail
under Section 167(2), Cr.P.C.
• In the case of Savitri Agarwal v. State of Maharashtra & Anr, the court held that the
belief of the applicant seeking anticipatory bail must be founded on reasonable grounds and
not just based on mere "fear". He must have a reason to believe that he is likely to be
arrested for a non-bailable offence and should disclose specific events and facts which can
help the Court to judge the reasonableness of his belief.

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• The Parliament in 2005 has introduced amendments in Section 438 in which the Courts are
required to be more vigilant while granting any relief under this provision.

The court shall take into consideration the following:

▪ The nature and gravity of the accusation

▪ The background of the applicant, and the fact about his previous conviction or
imprisonment for a cognizable offence.
▪ The likelihood of the applicant to avoid trial and flee from Justice if bail is granted
▪ If the accusations made in the FIR are made to harass or humiliate the applicant by having
him arrested. By considering all these factors the Court can either dismiss the bail
application or grant interim relief.
• Further, in case the application for anticipatory bail has been rejected by the Court or if an
interim order is not granted during the pendency of the said application, then the
investigating agency to proceed with the investigation can arrest the said applicant without
a warrant. In the case of M.C Abraham and Anr v. State of Maharashtra and Anr, the Apex
Court held that the police don't need to arrest a person merely because his Anticipatory Bail
has been rejected.
• The Parliament inserted Sub-Section 1(A) stating that, if the court has prima facie found
any merits in the application, and is not rejecting the relief for anticipatory bail then the
application under this section cannot be disposed of until the Public Prosecutor is heard.
Thus, a 7 days' notice shall be issued to the Public Prosecutor and the Superintendent of
Police (SP) to give reasonable time to the prosecutor to defend the said application before
it is finally heard.

In the landmark case of Gurbaksh Singh Sibbia vs. State of Punjab the Apex Court laid
down general conditions for granting anticipatory bail:

1. The power under section 438 is extraordinary and is to be exercised in special cases only.
2. It does not grant protection on any of the offences that have yet not been committed or that
no acquisition has been levelled yet.
3. That the power under section 438 is not unguided and is subject to the limitations mentioned
u/s 437.

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4. Apart from what has been stated in section 437, a special case is to be made out by the
accused for the grant of anticipatory bail.
5. This section cannot apply when there is a possibility of collecting incriminating material
from the accused, information regarding the evidence under section 27 of the Evidence Act
and the remand of the accused under section 167(2) is essential for the collection of relevant
shreds of evidence.
6. In case of offences punishable with death or imprisonment of life bail under this section
cannot be granted; unless the court at the very stage is satisfied that such charge appears to
be false or groundless.
7. No anticipatory bail can be granted in case of economic offences of cheating cases.

In the case of Siddha ram Satlingappa Mhetre v. State of Maharashtra & Ors., it was held
that the Guru Baksh Singh Judgment must be followed and anticipatory bail can be granted for
an unlimited period until the trial is completed.

The Adri Dharan Das v. State of West Bengal judgment held that the anticipatory bail order
shall be for a limited period after which the accused is required to surrender and obtain regular
bail was passed per incuriam; i.e., without due regards to the facts and law. Further, it was a 2
Judge bench Judgment thus it cannot overrule Guru Baksh Singh's Judgment constituting 5
Judge bench.

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CONCLUSION

In the end, I would like to opine that the real legal practice is absolutely different from the
theoretical version of law which we study. Without exposure to the real world, one cannot
understand the analytical and positive application of law and jurisprudence and the actual
function and structure of law. What we study is the body, but what we have learnt from the
internship is the mechanism of this body.

I was surprised to see how the simplest of laws were applicable in the most difficult of
situations and how loop holes leave so much scope for evolution and improvisation today in
this field. I also realized that law is everything but constant and with the same soul as that of a
human.

In other words, or as that of our Counsel, laws may come and law may repeal, but they must
always stay true to our original values and in case of laws, they must always be faithful to the
Constitution, which is The Supreme law of the land and governs all equals and unequal in
respect of each other’s.

With a vote a thanks and gratefulness for reading this report thoroughly and for giving me this
wonderful opportunity to grow my vision in this field, I conclude this report with a great lot in
my mind.

With warm regards,

Yours faithfully

CHARITA

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REFRENCES

I was allowed to use internet library for research work of the cases. Sir had explained me how
to use the citations and how to research the case digests and commentaries for the case
proceedings.
The judgments and facts/doctrines hence forth used are photocopied for the use of the Counsel
and for the Court.

Some of the sources of my research work are –

▪ Manupatra
▪ www.legalserviceindia.com
▪ https://blog.ipleaders.in/
▪ Supreme Court Criminal Digest
▪ Supreme Court Civil Digest
▪ Lawyer’s Club India
▪ Many other commentaries and internet surfing

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