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Script ideal for moot court competitions Presents the arguments from the Prosecution's / state's side.
Typology: Cheat Sheet
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A very Good Afternoon Your Lordship! My name is........, I am the counsel representing the Prosecution in the case of State v. Jayesh. I will be presenting the arguments today, and will be addressing the FIRST AND the Second Issue, .... If your honour are well versed with the facts, the counsel seeks permission to proceed. .... Much obliged Your Lordships. ... Your Lordships, may it please the Court, There are two issues of law in this case. The first is whether the Complainant, that is PW1, is protected from cruelty under the ambit of section 498A of the IPC. This is rather, the primary issue which needs to be addressed at the outset because in the present case, the Complainant is a woman who has been subjected to cruelty in a live-in relation whereas the terminology used in section 498A provided protection from cruelty inflicted specifically, by a “husband or his relatives”. The Second crucial issue is that whether actions of the accused amount to Cruelty under the scope of section 498A or not. .... your honour if there are no preliminary inquiries, I seek you permission to proceed with briefly laying the scheme Arguments. .... Your honour, the case of the prosecution rests on proving two major arguments. The first is that the Complainant is entitled to all rights and protections conferred upon a woman by virtue of section 498A. In order to do the same, the argument is divided into two sub- arguments. ....
One aims to establish that the relationship the couple had was akin to a marriage and consequently, the protections granted to a married woman shall be presumed to be conferred on to a woman in a live-in relationship which was essentially, in the nature of marriage. The second sub-argument aims at conclusively establishing that the accused is covered under the ambit of the term “husband” in section 498A. .... Once it is established that the Complainant is protected from cruelty under the ambit of section 498A, I shall, proceed with my second major argument which seeks to prove beyond any reasonable doubt that the acts of the accused do certainly tantamount to both, physical and mental cruelty. ..... Your Lordships if there are no queries regarding the scheme of my submissions I would like to move forward to my arguments. .... Much obliged Your Lordships. Preliminary I submit that, the first issue in hand is purely a question of law. ARGUMENTS ADVANCED ISSUE 1 Now, your honour, may I proceed with the arguments in detail? With respect to the first issue, the prosecution argues that even though It is argued that this section can be applied to the present case, in which, as already stated before, the Complainant (PW1) was in a live-in relationship. It is necessary to determine the nature of their relationship and whether such relationships have been recognised by the Courts in precedents. The first-sub argument takes help of two cases decided by the supreme court to establish that the nature of the relationship was akin to marriage.
Wherefore in the light of issues raised, arguments advanced and authorities cited, it is humbly prayed that this Hon’ble Court may be pleased to adjudge and declare that: “The Complainant is entitled to all rights and protections granted to woman against cruelty under the ambit of section 498A of Indian Penal Code & consequently A sentence of three years of imprisonment along with an exemplary fine, for committing an offence under section 498A of IPC” “And pass any other order that this Court may deem fit in the interest of justice equity and good conscience” “All of which is most humbly prayed”