The question (12 marks)
A student attends a Magistrate's court for her court-visit assignment. On the board are a summons case in which the particulars of the offence were stated to the accused and his plea taken, though no charge was framed; three matters adjourned because witnesses were absent; and a matter in which she took a photograph of the courtroom on her phone and later spoke to a party in the corridor about the case. In her report she names the parties, writes that the court "wrongly failed to frame a charge", and cites the old Code's section numbers. (a) Identify the errors in her conduct and in her report. (b) State how each part should have been handled, with the governing provisions. (12 marks)
MU Module II, heads 2.1 and 2.3; pack ch. 02, sections 3.2, 4 and 6.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Observing Civil and Criminal Trials of Practical Training – III: Moot Court Exercise and Internship.
Authorities you will need
- Section 274, Bharatiya Nagarik Suraksha Sanhita
- Sections 251, 262 and 263, Bharatiya Nagarik Suraksha Sanhita
- Section 346, Bharatiya Nagarik Suraksha Sanhita
- Bar Council of India, Rules of Legal Education
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.