ACKNOWLEDGMENT

I have taken efforts in this project. However, it would not have been possible without the kind
support and help of many individuals and organizations. I would like to extend my sincere thanks
to all of them.

I am highly indebted to Mr. Pradeep Thakurand the staff member of District legal service
authority for their guidance and constant supervision as well as for providing necessary
information regarding the project & also for their support in completing the project.
I would like to express my gratitude towards my parents & member of organization for their kind
co-operation and encouragement which help me in completion of this project.
I would like to express my special gratitude and thanks to the Judges, Magistrate, and court room
officer for giving me such attention and time.
My thanks and appreciations also go to my colleague in developing the project and people who
have willingly helped me out with their abilities.
 TABLE OF CONTENT
DATE DAY PLACE OF INTERNSHIP
22/05/2017 Monday DSLA
23/05/2017 Tuesday Mediation
24/05/2017 Wednesday Talwana
25/05/2017 Thursday Visit- Mental asylum
26/05/2017 Friday Court visit- Asha Godha,
27/05/2017 Saturday Shri Mohit Dewan
28/052017 Sunday holiday
29/05/2017 Monday Sanjay Agrawal, Judicial Magistrate of
First Class
30/05/2017 Tuesday Child Line
31/05/2017 Wednesday Prevention of Children from Sexual
Offences Act, 2012.
01/06/2017 Thursday Mediation
02/06/2017 Friday Hon’ble Justice R.R. Badodiya
03/06/2017 Saturday Hon’ble Justice Umashankar, Judicial
Magistrate of First Class
04/06/2017 Sunday holiday
05/06/2017 Monday visited to S.P. office of jabalpur
06/06/2017 Tuesday Visit-juvenile care center
07/06/2017 Wednesday JAIL VISIT
08/06/2017 Thursday family court
09/06/2017 Friday Parmaar sir court- case study
10/06/2017 Saturday learn about lokadalat
11/06/2017 Sunday holiday
 JUVENILE JUSTICE SYSTEM
JUVENILE CRIMES IN INDIA AND THE LAW

Children are considered to be gifts from God and are greatest personal as well as national assets.
We as individuals, parents, guardians and society as a whole have a duty that children should be
allowed and provided opportunity to grow up in a healthy socio-cultural environment so that they
could become responsible citizens, physically fit, mentally alert and morally healthy. It is the duty
of the State to provide equal opportunities for development to all children during the period of
their growth which would reduce inequality and ensure social justice. Children are expected to be
obedient, respectful and have virtues and good quality in them. However, due to various reasons
certain percentage of children do not follow settled social and legal dictum. Such children are
most often than not get involved in criminal behaviour which is known as juvenile delinquency or
juvenile crime.

Crime by juveniles is a harsh reality in India. In recent times juveniles were found to be
involved in most heinous of the crimes such as murder and gang rape. It’s a disturbing trend and
society as a whole is anguished by such criminal acts by children. Many experts believe that the
present law is inadequate to deal with the situation and we need changes in it so that for heinous
crimes juveniles may also be tried and punished as adults. But there are views in opposition as
well which do not subscribe to this view.

In the present article, we would try to understand who is a juvenile; crimes committed by
juveniles; its reasons; laws and proposed changes by the Government in the same.India is home to
the largest child population in the world. The Constitution of India guarantees Fundamental Rights
to all children in the country and empowers the State to make special provisions for children. The
Directive Principles of State Policy specifically guide the State in securing the tender age of
children from abuse and ensuring that children are given opportunities and facilities to develop in a
healthy manner in conditions of freedom and dignity.

WHO IS A JUVENILE?

Juvenile means a person who is very young, teenager, adolescent or underage. In other words,
juvenile means children who have not yet reached the age of adults in the sense that they are still
childish or immature. Sometimes the term “child” is also interchangeably used for the term
“juvenile”. Legally speaking, a juvenile can be defined as a child who has not attained certain
 Age at which he can be held liable for his criminal acts like an adult person under the law of the
country. Juvenile is a child who is alleged to have committed certain acts or omissions which are
in violation of any law and are declared to be an offence. In terms of law, a juvenile is a person
who has not attained the age of eighteen years. It has a legal significance. As per the Juvenile
Justice (Care and Protection) Act, 2000, a juvenile shall not be treated as an adult even if he/she is
involved in any criminal acts for the purpose of trial and punishment in the court of law.

Juvenile can be defined as a child who has not attained a certain age at which he, like an adult
person under the law of the land, can be held liable for his criminal acts. The juvenile is a child
who is alleged to have committed /violated some law which declares the act or omission on the
part of the child as an offence. Juvenile and minor in legal terms are used in different context.
Juvenile is used when reference is made to a young criminal offenders and minor relates to legal
capacity or majority.

The Juvenile Justice (JJ) system is based on principles of promoting, protecting and safeguarding
the rights of children. It was enacted by the Indian Parliament in 1986. In the year 2000, the Act
was comprehensively revised based on the United Nations Convention on the Rights of the Child
(CRC), which India had ratified in 1992; the Beijing Rules; the United Rules for the Protection of
Juveniles Deprived of their Liberty; and all other national and international instruments, thereby
clearly defining children as persons up to the age of 18 years(Section 2 (k) of the Act defines
“child‘ as a person who has not completed eighteen years of age. The Act is based on the
provisions of Indian Constitution and the four broad rights defined by the UN CRC: 

• Right to Survival 
• Right to Protection 
• Right to Development 
• Right to Participation 

This Act repealed the earlier Juvenile Justice Act of 1986 and has been further amended in years
2006 and 2011.  The Juvenile Justice (Care and Protection of Children) Act, 2000, is the primary
legal framework for juvenile justice in India. The JJ Act primarily focuses on the twin interrelated
aspects of juvenile delinquency and handling of children in need of care and protection. The JJ
Amendment Act, 2006, brought substantive changes to the JJ Act, 2000. It has been enacted to
provide for care, protection, development and rehabilitation of neglected, delinquent children and
includes within its ambit child labourers. Section 2 (d) (ia) includes ‘working children‘within the
purview of a ‘child in need of care and protection‘. The Act broadened the scope of rehabilitation
of the child in need of care and protection, or of a juvenile in conflict with the law, through not
only the institutional but also the non-institutional approach. 

The JJA creates a juvenile justice system in which persons up to the age of 18 who commit an
offence punishable under any law are not subject to imprisonment in the adult justice system but
instead will be subject to advice/admonition, counselling, community service, payment of a fine
or, at the most, be sent to a remand home for three years.

Juvenile Justice (Care and Protection of Children) Act, 2000, has the following issues:

• delays in various processes under the Act, such as decisions by Child Welfare Committees
(CWCs) and Juvenile Justice Boards (JJBs), leading to high pendency of cases. 
• Delay in inquiry of cases leading to children languishing in Homes for years altogether for
committing petty offences. 
• Increase in reported incidents of abuse of children in institutions. 
• inadequate facilities, quality of care and rehabilitation measures in Homes, especially those
that are not registered under the Act, resulting in problems such as children repeating offences,
abuse of children and runaway children. 
• Disruption of adoption and delays in adoption due to faulty and incomplete processing and
lack of timelines. 
• Lack of clarity regarding roles, responsibilities, functions and accountability of Child Welfare
Committees and Juvenile Justice Boards. 
• Limited participation of the child in the trial process, delays in rehabilitation plan and social
investigation report for every child. 
• Lack of child-friendly procedures by Juvenile Justice Boards and conduct of Board sittings in
Courts in many districts. 
• lack of any substantive provision regarding orders to be passed if a child apprehended for
allegedly committing an offence was found innocent. 
• no specific provisions for reporting of abandoned or lost children to appropriate authority in
order to ensure their adequate care and protection under the Act. 
• Non-registration of institutions under the Juvenile Justice Act and inability of the states to
enforce registration due to lack of any penal provisions for non-compliance. 
• Lack of any check-list of rehabilitation and re-integration services to be provided by
institutions registered under this Act. 
• Inadequate provisions to counter offences against children such as corporal punishment, sale of
children for adoption purposes, ragging etc; and 
• increase in heinous offences committed by children and lack of any specific provisions to deal
with such children.

Recent controversy

As per the reports of the National Crime Records Bureau (NCRB) entitled “Crime in India
2011” and “Crime in India 2012,” the percentage of crimes committed by juveniles as compared
to total crimes has not significantly increased from 2001-2012. According to the NCRB
statistics, India is not in the throes of a general crime wave by juveniles. However, the NCRB
statistics relating to violent crimes by juveniles against women are very troubling. “Crime in
India 2011” suggests the number of rapes committed by juveniles has more than doubled over
the past decade from 399 rapes in 2001 to 858 rapes in 2010. “Crime in India 2012” records that
the total number of rapes committed by juveniles more than doubled from 485 in 2002 to 1149
in 2011.

As the data suggests, between 2011 and 2012 alone, there was a massive increase in instances of
rape by juveniles by nearly 300, which is almost as much as the increase in such cases over the
entire previous decade. This increase alone makes amendment of the JJA imperative.

The brutal Delhi gang rape case has bought forth a new controversy related to juvenile justice in
India. One of the accused, as per police record and, according to reports, the most aggressive of
the lot who brutalised the young girl, is a minor of 17 years. 

In India the sentencing and trial of juvenile offenders is mandated and governed by the Juvenile
Justice Act 2000. Section 15(1) (g) of the JJ Act mandates that a juvenile convicted of any
offence can be sentenced to a special home for a period of three years, maximum and thereafter
be released on probation. As the accused happens to be a juvenile the maximum time that he
shall serve is three years or 1095 days in a special rehabilitation home.

The biggest reason for our current system is the supposed rehabilitation of the offenders. A
glimpse of this may be found in the rechristening of the word offender to ‘Juvenile in conflict
with the law’. But there is no logical or scientific reason which shows that total and complete
rehabilitation can be achieved by a delinquent/ offender/ child in conflict with the law within a
Maximum period of three years. In the case of the Delhi rapist, even if one were to say that the
boy needs to be rehabilitated and that perhaps the reason for his barbaric and animalistic act was
a deep-rooted psychological problem, there is no assurance that the issue can be dealt with in
three years. Of course, the absolute lack of implementation of the provisions of the JJ Act after a
juvenile completes his sentence is another concern. India's massive population makes it
impossible to track and ensure that a juvenile once released continues with his therapy or even
reports regularly to his parole officer. With this basic and undeniable truth it is a matter of
simple calculation that in all probability the Delhi rapist shall be on the streets within the next
three years that's 1095 days with nothing more than a stint in a special home in the name of
absolute and complete Rehabilitation.Thus the demand came up is that juvenile who commits
crime of this gravity should not be left to walk free after serving maximum of 3 years that too in
special home. 

In this backdrop, the Government of India is now contemplating re-enacting a new JJ Act, 2014,
for which a review committee has been constituted under the Ministry of Women and Child
Development. The baton has been passed on to Parliament to enact a new law.

The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of
Children as ratified by India on December 11, 1992. It specifies procedural safeguards in cases
of children in conflict with law. It seeks to address challenges in the existing Act such as delays
in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill
further seeks to address children in the 16-18 age group, in conflict with law, as an increased
incidence of crimes committed by them have been reported over the past few years.

The Bill defines a child as anyone less than 18 years of age. However, a special provision has
been inserted for the possibility of trying 16-18 year olds committing heinous offences, as
adults. A heinous offence is defined as one for which the minimum punishment under the Indian
Penal Code is seven years.

The Bill states that one or more JJBs to be constituted, for each district, for dealing with children
in conflict with law. JJBs are composed of a Metropolitan or Judicial Magistrate and two social
workers, one of whom shall be a woman. ƒ Powers and responsibilities of the JJBs include:
(i) Assuring legal aid for a child;
 (ii) Adjudicating and disposing of cases related to children in conflict with law;
(iii) Conducting regular inspection of adult jails to ensure no child is lodged in such jails and
other inspection visits and;
(iv) Conducting inspection visits of residential facilities for such children.

Other provisions in the Bill are:

Children’s Court:  A Children’s Court is a Court established under the Commissions for
Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from
Sexual Offences Act, 2012.  It will try 16-18 year olds that commit heinous offences, after

confirming that they are fit to be tried as adults.  It ensures that a child in conflict with law is sent
to a place of safety until he attains the age of 21 years, after which he is transferred to a jail. 
During the child’s stay in the place of safety, reformative services such as counselling, etc. shall
be provided.  The Court shall ensure periodic follow up reports by District Child Protection
Units. 
• Child Welfare Committees (CWCs):  States shall constitute one or more CWCs for each district
for dealing with children in need of care and protection.  The powers and responsibilities of a
CWC include: (i) conducting inquiries; (ii) selecting registered institutions for the placement of a
child and; (iii) addressing orphans, abandoned children, surrendered children and sexually abused
children, etc.
• Special Juvenile Police Units (SJPU) and Child Welfare Police Officers:  An SJPU will be
established in each district, consisting of a police officer and two social workers.  One Child
Welfare Police Officer will be present in every police station.  
• Adoption:  Prospective adoptive parents must be consenting.  A single or divorced person can
also adopt, but a single male cannot adopt a girl child.  Parents must be physically fit, financially
sound, and mentally alert and motivated to adopt.  Regulations regarding adoption shall be framed
by the Central Adoption Resource Authority.  
• Penalties:  Any official, who does not report an abandoned or orphaned child within 24 hours, is
liable to imprisonment up to six months or fine of Rs 10,000 or both.  The penalty for non-
registration of child care institutions is imprisonment up to one year or fine of one lakh rupees, or
both.  The penalty for giving a child intoxicating liquor, narcotic or psychotropic substances is
imprisonment up to seven years or fine of one lakh rupees, or both.   
The draft Bill therefore provides a comprehensive mechanism to deal with children in conflict

with law as well as children who are in need of care and protection. However, only a stringent
implementation can provide a meaningful disposition to make it a true letter of law.

Thus the improvement of the juvenile justice system is a gradual process, which requires
intensive and continual follow-up as well as long-term commitment rather than a series of ‘ad
hoc’ exercises and ‘knee-jerk’ responses. Training programs should be based on participatory
techniques that promote sensitization and behavioural changes among the various stakeholders
responsible for the working of the juvenile justice system. Training also creates opportunities for
stakeholders to interact amongst themselves and get a better understanding of the constraints and
bottlenecks at various levels.

It is vital for the authorities involved in the juvenile justice system to build effective partnerships
with civil society. Non-Governmental Organisations (NGO’s) have the capacity to provide
community-based life-skills programs, ‘group counselling’, community work opportunities, and
open ‘custody group homes’ for children in conflict with law. Voluntary sector organisations can
thus help the governmental agencies to engineer a substantial shift towards non-custodial
alternatives for corrective measures involving juveniles.
22/05/2017
Day 1

Today was the first day of my internship in district legal service authority. First we learn
about how to proceed for the internship in DLSA. As first we need to apply in state legal service
authority. They will give you a letter than you have to show that letter to DLSA and sir
explained everything about the internship and how NLSA,SLSA, and DLSAwork. So basically
we were interning in a district court so sir also told us about the function of district. Also sir told
the basic framework of NLSA, SLSA AND DLSA. The division is as follows-

So the legal service authority system in India is divided in three parts-

1. National legal service authority

2. State legal service authority
3. District legal service authority

 National legal service authority-

The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to
organize Lok Adalats for amicable settlement of disputes.Hon’ble Mr. Justice Tirath Singh
Thakur, the Chief Justice of India is the Patron-in-Chief and Hon’ble Mr. Justice Anil R. Dave,
Judge, Supreme Court of India is the Executive Chairman of the Authority. NALSA is housed at
12/11, Jam Nagar House, New Delhi-110011.In every State, State Legal Services Authority has
been constituted to give effect to the policies and directions of the NALSA and to give free legal
services to the people and conduct Lok Adalats in the State. The State Legal Services Authority
is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief
of the State Legal Services Authority. In every District, District Legal Services Authority has
been constituted to implement Legal Services Programmes in the District. The District Legal
Services Authority is situated in the District Courts Complex in every District and chaired by the
District Judge of the respective district.

 State legal service authority

Functions of State Legal Services Authority

To give effect to the policies and directions of the Central Authority. To provide legal service to
persons who satisfy the criteria laid down in the Legal Services Authorities Act, 1987.To
conduct Lok Adalats at various levels.To encourage the settlement of disputes by way of
Negotiation, Arbitration and Conciliation.To secure the legal rights of poor, down trodden and
weaker section of the society.To ensure that the operation of the legal system promotes justice
on a basis of equal opportunity. To give people a platform where they receive effective
counselling in order to resolve their disputes in an amicable manner and at pre-limitative
stage.To carry out legal literacy campaign across the Union Territory, Chandigarh.To publicize
legal aid schemes so that the target group, for whom Legal Services Authorities Act has
provided for free legal aid, may come to know about the same and approach the concerned legal
service functionaries.To make special efforts to enlist the support of voluntary social welfare
institutions working at the grass-root level, particularly among the Scheduled Castes and
Scheduled Tribes, Women and Rural and Urban labour.To act in coordination with other
governmental agencies, non-governmental voluntary social service institutions, universities and
other bodies engaged in the work of promoting the cause of legal services to the poor.To
sensitize people about the aims and objectives of the Legal Services Authorities Act, 1987 and
their legal rights.To perform such other functions as the State Authority may, in consultation
with the Central Authority, prescribe by regulations.

 District Legal Services Authority

Functions under District Legal Services Authority:

Conduct Lok Adalats within District;Organize Legal Literacy Workshop, Holding Seminars and
Meetings. Legal Aid Activities, Legal Aid Clinic, LawLibrary, Conciliation / Mediation Centre.

It also provide- Availability of Advocate by Government and its expenditure, Expenditure of

Court Fees, Expenditure covered for Documentation, Expenditure for Witnesses commutation,
Other Expenditures incurred in the case, Entitlementunder Legal Services Authority, Members
of Scheduled Caste or Scheduled Tribe, Victims of trafficking in human beings or beggar as
referred to in article 23 of the Constitution, Financially weak women or children, A person with
Disabilities, A person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood,drought,earthquake or industrial disaster, An
Industrial workman, In custody, including custody in a protective home or in a juvenile home or
in psychiatric hospital, In receipt of annual income less than Rupees 1,00,000/-.
 23/05/2017
Day 2

Today was the second day of my internship. Today we learnt about the mediation
process which takes place in the mediation centre of the district court. There was a case of a
married couple which comes under family law. In this case wife left husband because of
financial issues. So now wife want divorce and maintenance from husband and husband want
wife to come back to him.

MEDIATION

Mediation is a process in which an impartial or neutral third party assists disputants in finding a
mutually acceptable solution. It is both confidential and voluntary. It is a good method of
resolving disputes, especially those involving relationships which are not easily resolved
through litigation process, to the mutual satisfaction of both sides. These relationships can be
personal, commercial, contractual or social.

ADVANTAGES OF MEDIATION

It immediately puts disputants in control of both the dispute and its resolution. The law
mandates it and the courts encourage and endorse it. The process is voluntary and parties can opt
out of it at any time if they feel it does not help them. The process is confidential, the procedure
is simple and the atmosphere is informal. It shows parties the strengths and weakness of their
respective cases which helps to find realistic solutions. It focuses on long-term interests,
examines alternatives, and helps create options for settlement. It gives an opportunity to parties
to fully resolve all their differences. The process improves communication between the parties
which is crucial to resolving any dispute. Disputants save precious time and energy. Disputants
save costs on what invariably becomes a prolonged litigation. Mediation helps restore broken
relationships and focuses on improving the future, not on dissecting the past. Parties opt for
more by signing a settlement that works to benefit both. At the end of Mediation, disputants can
actually shake hands with their opponents. With every case that is settled, other related cases
between the parties also get settled. There is no further appeal. It saves judicial cost and time.

HOW IS THE MEDIATOR APPOINTED

Parties can select their Mediator/s by consent. Where Mediation is directed by a Court, the
Mediator/s is/are appointed by the Court itself. Alternatively, upon reference by the court, Court
mediation and Conciliation centre appoints the Mediator/s from its panel of trained and
experienced Mediators, who are the members of Court Bar Association.

STEPS IN MEDIATION PROCESS

Mediation services can be used by parties directly or through reference by the Court.Parties fill
in a consent form made available to them by the Court Mediation and Conciliation Centre for
referring their case to Mediation. If the Mediator has or may be perceived to have any partiality
or bias in the dispute referred to, he/she declines to act as Mediator. The Mediator is at liberty to
meet the parties and their lawyers jointly or separately. Parties are encouraged to appear before
the Mediator with their lawyers. The Mediator is in charge of the process and as long as it lasts,
parties must abide by the Mediator's decision on the process to be followed. In the first session,
the Mediator and each party makes an opening statement. The process works by the Mediator
helping parties to establish the basic facts, identify the underlying issues for resolution and focus
parties on their long-term interests. Parties can give a brief summary of their respective cases to
the Mediator and produce such documents as they may like. Copies thereof can be given to the
other side. The Mediator engages in improving communication between the parties. This can be
done in further joint sessions with all parties and their lawyers or in separate sessions with each
party and its lawyer at a time, or a combination of both. The Mediator then helps parties
examine their best and worst alternatives to settlement. Once consensus is reached, it is reflected
in the settlement agreement which is signed by the parties, their lawyers and the Mediator. If the
matter has been referred by the Court,this settlement agreement will be filed in the Court for
appropriate directions. If for any reason a final settlement cannot be reached by the parties or if
any party decides not to proceed with Mediation process, the proceedings are terminated.

DOES THE LAW RECOGNISE MEDIATION?

Yes it does. Section 89 Orders X 1A, 1C, 1D and XXXII-A of Civil Procedure Code 1908 make
it obligatory for the Court to give a fair chance to a conciliated or negotiated settlement before
adjudication is embarked upon. The Arbitration and Conciliation Act 1996 makes provisions for
enabling settlements. At the highest level, Indian Judiciary has decided that Mediation will be
increasingly used in the legal system.

HOW TO CONTACT THE MEDIATION CENTRE TO AVAIL ITS SERVICES

To avail the pre-litigation services of the centre, contact the centre directly by registering with
the co-ordinator of the centre. If referred by an order of the Court, the party first need to fill in
the application for Mediation which will be provided by the Centre. Then avail of the services of
the Centre by marking the presence with the co-ordinator.
24/05/2017
Day 3

Today we went around the district court to know the basic work that a district court does
on a daily basis. So there we discover a big reception kind of a place which was divided in three
sections. In the first section was registrationdepartment, second section was copying department
and the last section was Talwana department. So we went to the Talwana section and gathered
some further information about Talwana.

As this form is used for the service of defendants, witness or to any other person required to be
presented in the court. When the case is filled in any court, then other party is ordered to be
summoned by the court. Therefore, thisTalwana fard or process fee form is required by the court
to be filled by the party who wants to summon other party or witness. It is also used for issuance
of summons, notice, warrants or any other process in civil as well as in criminal cases. It is also
used for the service of witness or any type of warrants. As per rules each Talwana Fard requires
to be affixed with court fees of Re. 0.75 only for service of defendant up to 3 defendants and
thereafter Re. 0.35 paise for the service of the each defendant. Any witness can be issued in a
civil case on filing Talwana of Rs. 1 and any type of warrant can be issued in a civil case on
filing Talwana of Rs.3/- for each warrant. It can be used by both the parties in a case. It contains
name of the court, party’s name, nature of the case, date of hearing, date of filling the case,
name of the person by whom it is filed, purpose of filing, amount of court fee affixed. It must be
signed by the person, filing the same
25/04/2017
Day 4

As we are interning under DLSA there main motive is to provide legal aid to each and
every person who is in need of the legal help but incapable of getting help by themselves. So
which covers people like mental patients, economically backward people, people of lower
caste like ST and SC. So today we went for a field visit to Victoria mental asylum. Victoria
mental asylum is a governmental organization where the patients get medical help in very
nominal charges or it is also free for some people who can’t afford the medical expenses.

Working of a mental asylum-

Psychiatric hospitals, also known as mental hospitals, mental asylums or simply asylums, are
hospitals or wards specializing in the treatment of serious mental illness, such as clinical
depression, schizophrenia, and bipolar disorder. Psychiatric hospitals vary widely in their size
and grading. Some hospitals may specialize only in short-term or outpatient therapy for low-risk
patients. Others may specialize in the temporary or permanent care of residents who, as a result
of a psychological disorder, require routine assistance, treatment, or a specialized and controlled
environment. Patients are often admitted on a voluntary basis, but people whom psychiatrists
believe may pose a significant danger to themselves or others may be subject to involuntary
commitment.[1] Psychiatric hospitals may also be referred to as psychiatric wards (or "psych"
wards) when they are a subunit of a regular hospital.

Modern psychiatric hospitals evolved from, and eventually replaced the older lunatic asylums.
The treatment of inmates in early lunatic asylums was sometimes brutal and focused on
containment and restraint. With successive waves of reform, and the introduction of effective
evidence-based treatments, modern psychiatric hospitals provide a primary emphasis on
treatment, and attempt where possible to help patients control their own lives in the outside
world, with the use of a combination of psychiatric drugs and psychotherapy.

A crisis stabilization unit is in effect an emergency room for psychiatry, frequently dealing with
suicidal, violent, or otherwise critical individuals. Open units are psychiatric units that are not as
secure as crisis stabilization units. Another type of psychiatric hospital is medium term, which
provides care lasting several weeks. In the United Kingdom, both crisis admissions and medium
term care is usually provided on acute admissions wards. Juvenile or adolescent wards are
sections of psychiatric hospitals or psychiatric wards set aside for children or adolescents with
mental illness. Long-term care facilities have the goal of treatment and rehabilitation back into
society within a short time-frame (two or three years). Another institution for the mentally ill is
a community-based halfway house.

This report traces the history of the mental hospital movement, initially on the world stage, and
later in India, in relation to advances in psychiatric care. Mental hospitals have played a
significant role in the evolution of psychiatry to its present status

The earliest hospital in India was established during the British colonial rule. They served as a
means to isolate mentally ill persons from the societal mainstream and provide treatments that
were in vogue at the time. Following India's independence, there has been a trend towards
establishing general hospital psychiatry units and deinstitutionalization, while at the same time
improving conditions in the existing mental hospitals.

Since 1947, a series of workshops of superintendents was conducted to review the prevailing
situations in mental hospitals and to propose recommendations to improve the same.
Implementation of the Mental Health Act, 1987, and governmental focus upon mental hospital
reform have paved way for a more specific and futuristic role for mental hospitals in planning
psychiatric services for the new millennium, especially for severe mental illnesses.
 26/05/2017
Day 5

Today I went to asha ma’am court where I get to know about all these information given
below:

• Lok Adalat and mediation is provided by the legal service authority. Civil and criminal all
cases which are compoundable come here. There are two types of civil suit one is money type
which comes under B type and non-money type cases comes under A type.
• Mediator is provided by the court if court allows then legal aid provide mediator and for
cases they provide lawyers.

• Lok Adalat: bench consist of

1) Sitting or retired judge

2) Member of legal profession

3) Any other eminent person in the field of law or social workers

• Cases referred to the Lok Adalat come under section 20 of the Act from the concerned
court.

• Plaintiff file the FIR then they was called to give there witnesses in the court in front of
magistrate and that word is noted.

• Application: if the date of any case hearing is on some other date but due to some reason the
lawyer or the party want to proceed before that given time they have to submit the application
to the concerning court then they will decide whether to proceed or not.

• To get bail the amount on which the accused can get bail is decided by the judge.

• At the end of the year judges have to give a list of how many cases they have heard,
execute, civil and criminal both cases separately is shown, and monthly wise and yearly wise
all cases are noted down.

• The police who sit in the court room their work is to show challan.
 If any case come for bail if the case is of accident then the bail is given only if the medical
report and x-ray is original, as there was an accused who came for bail he don’t get bail just
because he have submitted the photocopy of the medical and he has not submitted the x-ray
also.

 If any case go for appeal then the period of appeal id for 3 year and if the person is not able
to appeal in the given time then he can show the valid reason because of which he was not
able to appeal then the court give him chance to appeal in court
 27/05/2017
Day 6

Today internship is done under Shri MOHIT DIWAN II AJ TO I ADJ, this court deals with
the cases based on section 397 of CrPC which is:

397. Calling for records to exercise powers of revision.

1) The High Court or any Sessions Judge may call for and examine the record of any
proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the
purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding,
sentence or order,- recorded or passed, and as to the regularity of any proceedings of such
inferior Court, and may, when calling for such record, direct that the execution of any sentence
or order be suspended, and if the accused is in confinement, that he be released on bail or on his
own bond pending the examination of the record. Explanation.- All Magistrates whether
Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed
to be inferior to the Sessions Judge for the purposes of this sub- section and of section 398.

2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to
any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

3) If an application under this section has been made by any person either to the High Court or
to the Sessions Judge, no further application by the same person shall be entertained by the other
of them.

Here he told me to do case analysis for which he provided me a file of a case which is like this:

CASE ANALYSIS

1) IDENTIFICATION:

The High Court of M.P

M.Cr.C No. 8139/2014

Petition under section 482 of CrPC 1973

Date of complain: 27/05/14

Applicant: Ruaab Ahmed

 v/s

Respondent: state of M.P

2) Fact of the case:

On 8/05/2014 police station Badwara district Katni, received an information that a truck
which registeration no. M.P-18-GA-0510, which was coming from Umariya to Katni containing
illegal coal, with this information the truck was stopped and checked by the respective police.

The police asked for the document of the truck but the driver was not able to give any
document because of that they seized the truck under section 102 of CrPC .

3) Procedural history:

First the applicant file an application under Magistrate in Katni (which was rejected).

Second the revision was filed before the 1st Additional Session Judge.

Third appeal is filed in the High Court of M.P .

4) Issues:

Whether the truck should be released?

5) Reasoning:

The truck should be released according to section 102 of CrPC

Power of police officer to seize certain property.

(1) Any police officer, may seize any property which may be alleged or suspected to have been
stolen, or which may be found under circumstances which create suspicion of the commission of
any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith
report the seizure to that officer.

(3) Every police officer acting under sub- section (1) shall forthwith report the seizure to the
Magistrate having jurisdiction and where the property seized is such that it cannot be
conveniently transported to the Court, he may give custody thereof to any person on his
executing a bond

undertaking to produce the property before the Court as and when required and to give effect to
the further orders of the Court as to the disposal of the same.]

Penalty for unauthorized Transportation or Storage of Minerals and its Products.-

(1) Whenever any person is found transporting or storing any mineral or its products or on
whose behalf such transportation or storage is being made otherwise than in accordance with
these rules, shall be presumed to be a party to the illegal transportation or storage of mineral or
its products and every such person shall be punishable with simple imprisonment for a term,
which may extend to one year or with fine, which may extend to Rupees Five Thousand or with
both.

(2) Whenever any person is found transporting or storing any mineral or its products in
contravention of the provisions of these rules, the authorized person may seize the mineral or its
products together with tools, equipment and carrier used in committing such offence.

(3) The authorized person seizing illegally transported or stored mineral or its products, tools,
equipments and carrier shall give a receipt of the same to the person, from whose possession
such things were so seized and shall make report to the Magistrate having jurisdiction to try
such offence.

(4) The property so seized under sub-rule (2) may be released by the authorized person, who
seized such property on execution of a bond to the satisfaction of the authorized person by the
person, from whose possession such property was seized on the condition that the same shall be
produced at the time and place, when such production is asked for by the authorized person:
Provided that where a report has been made to the Magistrate under sub-rule (3), then the
property so seized shall be released only under the orders of such Magistrate.

(5) The Authorised Person not below the rank of Collector, Additional Collector of Senior I.A.S.
scale, Director, Joint Director, Deputy Director and Officer Incharge (Flying Squad) may before
reporting to the Magistrate, compound the offence so committed under sub-rule (1) on payment
of such fine, which may extend to double the market value of mineral or its products or Rupees
Five Thousand, but in any case it shall not be less than Rupees One Thousand or ten times of
royalty of minerals so seized, whichever is higher: Provided that in case of continuing
contravention, the authorized person, not below the rank of Mining Officer in addition to the
fine imposed may also recover an amount of Rupees Five Hundred for each day till the
contravention continues.

(6) All property seized under sub-rule (2) shall be liable to be confiscated by order of the
Magistrate trying the offence, if the amount of the fine and other sum so imposed are not paid
within a period of one month from the date of order: Provided that on payment of such sum
within one month of the order, all property so seized, except the mineral or its products shall
be released and the mineral or its products so seized under sub-rule (2) shall be confiscated and
shall be the property of the State Government.

(7) The authorized person may, if deemed necessary, request the Police Authority in writing
for the help of Police and the Police Authorities shall render such assistance, as may be
necessary to enable the authorized person to exercise the powers conferred on him/her under
these rules to stop illegal transportation or storage of minerals.”

6) Conclusion :

According to sub clause 4 the property should be seized by authorized person and here the
police don’t come under the definition of sub clause 4 so the truck should be given back to the
owner.
 29/5/2017
Day 8

Today I went to the court room of Hon’ble Justice Sanjay Agrawal, Judicial Magistrate of
First Class, he deals particularly with Civil Matters, he firstly made us sit comfortably and
then talked about the subjects we have already studied so that he can get an idea about our
area of interest.

Then he told us about the Civil Procedure Code, 1908. The Code of Civil Procedure, 1908 is
a procedural law related to the administration of civil proceedings in India. The Code is
divided into two parts: the first part contains 158 sections and the second part contains the
First Schedule, which has 51 Orders and Rules. The sections provide provisions related to
general principles of jurisdiction whereas the Orders and Rules prescribe procedures and
method that govern civil proceedings in India. To give uniformity to Civil Procedure,
Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the
assent of Governor-General on 23 March 1859. The Code however, not applicable to
Supreme Court in the Presidency Towns and to the Presidency Small Cause Court . But it did
not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it
did not fulfil the requirements of time and large amendments were introduced. In 1882, the
Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that the Code
needs some flexibility to breathe the air of speed and effectiveness. To meet these problems
Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it
stood the test of time.

We specifically talked about Sec. 62 of the Code of Civil Procedure, 1908 which reads as
follows:

62. Seizure of property in dwelling-house

(1) No person executing any process under this Code directing or authorizing seizure of
movable property shall enter any dwelling-house after sunset and before sunrise.

(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the
occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the person executing any such process has duly gained access to any dwelling-house, he
may break open the door of any room in which he has reason to believe any such property to be.

(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to
the customs of the country, does not appear in public, the person executing the process shall
give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time
for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room
for the purpose of seizing the property, using at the same time every precaution, consistent with
these provisions, to prevent its clandestine removal.
30/5/2017

Day 9

Today as a part of our internship we went to Child Line. Here we came to know how they
help the children who are looking for someone’s help.

In 1996, CHILDLINE India Foundation (CIF) launched CHILDLINE, the country's first toll-
free tele-helpline for street children in distress. As of March 2015, total of 36 Million calls
since inception have been serviced by CHILDLINE service and operates in 366 cities/districts
in 34 States/UTs through its network of over 700 partner organisations across India. A phone
number that spells hope for millions of children across India, CHILDLINE is India's first 24-
hour, free, emergency phone service for children in need of aid and assistance. Whether you
are a concerned adult or a child, you can dial 1098, the toll free number to access our services.
They not only respond to the emergency needs of children but also link them to services for
their long-term care and rehabilitation. They have, till date, reached out to over three million
children across the nation through such calls. CHILDLINE is a platform bringing together the
Ministry of Women & Child Development, Government of India, Department of
Telecommunications, street and community youth, non-profit organisations, academic
institutions, the corporate sector and concerned individuals.

They work for the protection of the rights of all children in general. But our special focus is on
all children in need of care and protection, especially the more vulnerable sections, which
include:

 Street children and youth living alone on the streets.

 Child labourers working in the unorganised and organized sectors.
 Domestic help, especially girl domestics.
 Children affected by physical / sexual / emotional abuse in family, schools or institutions.
 Children who need emotional support and guidance.
 Children of commercial sex workers
 Child victims of the flesh trade
 Victims of child trafficking
 Children abandoned by parents or guardians
  Missing children.
 Run away children.
 Children who are victims of substance abuse
 Differently-abled children
 Children in conflict with the law
 Children in institutions
 Mentally challenged children
 HIV/ AIDS infected children
 Children affected by conflict and disaster
 Child political refugees
 Children whose families are in crises

Vision »

A child - friendly nation that guarantees the rights and protection of all children.

Objectives »

 To reach out to every child in need of care and protection by responding to emergencies on
1098.
 Awareness about CHILDLINE 1098 amongst every Indian child.
 To provide a platform of networking amongst organisations and to provide linkages to
support systems that facilitates the rehabilitation of children in need of care and protection.
 To work together with the Allied Systems (Police, Health Care, Juvenile Justice,
Transport,Legal, Education, Communication, Media, Political and the Community) to create
child friendly systems.
 To advocate services for children that is inaccessible or non existent.
 To create a body of NGOs and Government organisations working within the national
framework and policy for children.
 To be a nodal child protection agency in the country, providing child protection services to
children in need of care and protection.
 To contribute and work towards strengthening and participating in a global movement that
addresses issues related to child protection and ensures that children's voices are heard.
31/5/2017

Day 10

Today we came to know about the Prevention of Children from Sexual Offences Act, 2012.

The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok
Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May,
2012. The Protection of Children from Sexual Offences Act, 2012 has been drafted to
strengthen the legal provisions for the protection of children from sexual abuse and
exploitation. For the first time, a special law has been passed to address the issue of sexual
offences against children. Sexual offences are currently covered under different sections of
IPC. The IPC does not provide for all types of sexual offences against children and, more
importantly, does not distinguish between adult and child victims. The Protection of Children
from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and
provides protection to all children under the age of 18 years from the offences of sexual
assault, sexual harassment and pornography. These offences have been clearly defined for the
first time in law. The Act provides for stringent punishments, which have been graded as per
the gravity of the offence. The punishments range from simple to rigorous imprisonment of
varying periods. There is also provision for fine, which is to be decided by the Court.

An offence is treated as "aggravated" when committed by a person in a position of trust or

authority of child such as a member of security forces, police officer, public servant, etc.

Punishments for Offences covered in the Act are:

 Penetrative Sexual Assault (Section 3) - Not less than seven years which may extend to
imprisonment for life, and fine (Section 4)
 Aggravated Penetrative Sexual Assault (Section 5) - Not less than ten years which may
extend to imprisonment for life, and fine (Section 6)
 Sexual Assault (Section 7) - Not less than three years which may extend to five years, and
fine (Section 8)
 Aggravated Sexual Assault (Section 9) - Not less than five years which may extend to seven
years, and fine (Section 10)
 Sexual Harassment of the Child (Section 11) - Three years and fine (Section 12)

 Use of Child for Pornographic Purposes (Section 13) - Five years and fine and in the event
of subsequent conviction, seven years and fine [Section 14 (1)].

The Act provides for the establishment of Special Courts for trial of offences under the Act,
keeping the best interest of the child as of paramount importance at every stage of the judicial
process. The Act incorporates child friendly procedures for reporting, recording of evidence,
investigation and trial of offences. These include:

 Recording the statement of the child at the residence of the child or at the place of his
choice, preferably by a woman police officer not below the rank of sub-inspector
 No child to be detained in the police station in the night for any reason.
 Police officer to not be in uniform while recording the statement of the child
 The statement of the child to be recorded as spoken by the child
 Assistance of an interpreter or translator or an expert as per the need of the child
 Assistance of special educator or any person familiar with the manner of communication of
the child in case child is disabled
 Medical examination of the child to be conducted in the presence of the parent of the child
or any other person in whom the child has trust or confidence.
 In case the victim is a girl child, the medical examination shall be conducted by a woman
doctor.
 Frequent breaks for the child during trial
 Child not to be called repeatedly to testify
 No aggressive questioning or character assassination of the child
 In-camera trial of cases

The Act recognizes that the intent to commit an offence, even when unsuccessful for
whatever reason, needs to be penalized. The attempt to commit an offence under the Act has
been made liable for punishment for up to half the punishment prescribed for the commission
of the offence. The Act also provides for punishment for abetment of the offence, which is
the same as for the commission of the offence. This would cover trafficking of children for
sexual purposes.
For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual
Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the
accused. This provision has been made keeping in view the greater vulnerability and

Innocence of children. At the same time, to prevent misuse of the law, punishment has been
provided for making false complaint or proving false information with malicious intent. Such
punishment has been kept relatively light (six months) to encourage reporting. If false
complaint is made against a child, punishment is higher (one year). The media has been
barred from disclosing the identity of the child without the permission of the Special Court.
The punishment for breaching this provision by media may be from six months to one year.
For speedy trial, the Act provides for the evidence of the child to be recorded within a period
of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far
as possible.

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the
Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements
to give the child, care and protection such as admitting the child into shelter home or to the
nearest hospital within twenty-four hours of the report. The SJPU or the local police are also
required to report the matter to the Child Welfare Committee within 24 hours of recording the
complaint, for long term rehabilitation of the child. The Act casts a duty on the Central and
State Governments to spread awareness through media including the television, radio and the
print media at regular intervals to make the general public, children as well as their parents
and guardians aware of the provisions of this Act. The National Commission for the
Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child
Rights (SCPCRs) have been made the designated authority to monitor the implementation of
the Act.
 1/6/2017

Day 11

Today we all went to the Mediation Centre which is located within the court premises. Here
we came to know how a matter can be resolved outside the court by allowing the parties to talk
to eachother under the supervision of a mediator. We were introduced to the law on Mediation.
Mediation is a form of alternative dispute resolution and is a way of resolving disputes
between two or more parties. Apart from parties referring disputes to mediation voluntarily,
under Section 89 of the Civil Procedure Code, 1908 where it appears to court that there exist
elements of a settlement which may be acceptable to the parties, the court may refer parties to,
inter alia, arbitration, conciliation or mediation. In mediation, a third party (the mediator)
assists the parties to negotiate their own settlement. In some cases, mediators may express a
view on what might be a fair or reasonable settlement, generally where all the parties agree
that the mediator may do so.
Where disputes are referred by a court to arbitration or conciliation under Section 89 of the
CPC, the procedure set out in the Arbitration & Conciliation Act, 1996, will apply. However,
where disputes are referred by the court to mediation, the courts are required to follow the
procedure that may be prescribed. Unlike arbitration or conciliation, there is no specific statute
that deals with mediation in India. Therefore, unlike other statutorily-recognized forms of non-
binding alternative dispute resolution (being conciliation); confidentiality in mediation
proceedings is not specifically provided for in any statute in India.

Mediation focuses on long-term interests, shows parties the weaknesses, not just the strengths
of their case, and makes them examine their alternatives to a negotiated agreement. It gives the
parties the freedom to suggest options for settlement. Mediation is a voluntary process where
the parties retain decision-making rights all through and are only bound when they enter into a
written agreement concluding the mediation. Mediation is an extremely flexible process. It can
work in disputes before they are taken to Court, to disputes pending in Courts and even after a
Court verdict has been given. The mediator can be a retired judge or a lawyer or a person who
is respected in the community. The response to mediation has been very good in the western
world. Courts of Law have set up Court Annexed Mediation programmes. Judges have taken to
mediation after their tenure on the bench; some have even retired early for to do so. Lawyers
have found that mediation is a new skill, which aids their clients. Clients have realized that this

Is a cost and time effective process and prefer lawyers who can suggest mediation before going
to court.
Mediation is gaining popularity as a method of dispute resolution, very fast. This is also
increasing the number of people who rely on the process of mediation for resolution of
disputes. Based on this Indian courts may consider venturing out into other alternate dispute
resolution mechanisms. Mediation as a process can be used to resolve various areas of
disputes, most of the civil cases can be referred to mediation for resolution. Matters related to
rent, partition, recovery of money, labour, damages, specific performance, recovery of money,
injunction, declaration, dispute between a landlord and a tenant, case of dishonoured cheques,
claims related to motor accidents, etc., are some examples of types of cases that are suitable for
the process of mediation.  There are also criminal offenses like those mentioned under Section
320 of the Code of Criminal Procedure that can be resolved through the process of mediation.

TYPES OF MEDIATION

1.Statutory
There are some types of cases that are required by law to go through the mediation process.
Labour disputes and domestic (family law) disputes are two prime examples. In India,
however, this type of mandatory mediation is rare.

2. By Order of the court

most jurisdictions in India require some form of alternative dispute resolution before a case
may be resolved through the traditional judicial process. As soon as a case is filed, the parties
are provided a number of ADR options. They must, unless exempted by the Court, select and
pursue one of these options. Included, as an option is mediation. The Court maintains a list of
mediators—skilled and experienced attorneys selected by the Court—who are available to the
parties. For parties who elect this option, the Court will appoint a mediator and designate a
date by which the mediation must be completed. The results of the mediation are confidential
—the Court will not know what occurred at the mediation, unless of course, an agreement (or
partial agreement) is reached. If an agreement is reached, that agreement is enforceable as a
judgment of the Court.
3.Contractual
the parties to a contract, as part of the terms of their agreement, may include a mediation
clause as a mechanism to resolve disputes. Although binding arbitration is a much more
common contractual term since it will always result in a resolution, mediation can be an
effective tool to resolve contractual disputes before they blossom into a protracted battle. The
selections of the mediator, as well as the conditions of the mediation, are usually stated in the
contract. If the mediation is successful, the results can be enforced as a judgment of a court.

 4.Voluntary
the parties to a dispute may decide to seek mediation without being compelled by law, court
order, or contract. They may choose to mediate their dispute at any time: as the dispute is
developing, before initiating legal action, or even while legal action is pending. The conditions
of the mediation—e.g., who will be the mediator, when the mediation will occur, the rules of
the mediation—are controlled by the parties.
2/6/2017

Day 12

Today as a part of our internship we visited the court of Hon’ble Justice R.R. Badodiya.
Here we got to know about the Narcotics Drugs and Psychotropic Substances Act, 1985. The
Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act,
is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate,
possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic
substance. The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the
Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent
from then President Giani Zail Singh on 16 September 1985, and came into force on 14
November 1985. The NDPS Act has since been amended thrice - in 1988, 2001 and 2014. The
Act extends to the whole of India and it applies also to all Indian citizens outside India and to all
persons on ships and aircraft registered in India.Under one of the provisions of the act, the
Narcotics Control Bureau was set up with effect from March 1986. The Act is designed to fulfill
India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on
Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances.

The NDPS Act contains 5 Chapters, with each chapter dealing with a certain subject with
respect to the statute. The first chapter serves as a Preliminary chapter, introducing and defining
the various narcotic drugs and psychotropic substances, and finally highlighting that the Central
government has the power to omit or add other substances to the list under the NDPS Act.

The second chapter highlights the relevant Authorities and Officers that have been created under
the NDPS Act. It also sets the guidelines for the Central government to appoint a Narcotics
Commissioner, to set up a Narcotic Drugs and Psychotropic Substances Consultative Committee
and to fund a National Fund for Control of Drug Abuse.
The third chapter lays out the Prohibition, Control and Regulation of the previously mentioned
substances. It prevents the cultivation or production of the coca plant, opium poppy or any
cannabis plant by anybody, while reserving these rights with both the Central and State
governments if they wish to do so, by creating rules later. Furthermore, all Inter-State and

International smuggling of such substances have been prohibited. Finally, this chapter looks at
the regulation on other controlled substance that can be used to create narcotic drugs and also
has clauses which illustrate cases under which opium poppy, coca plant, and cannabis plant can
be legally cultivated.

Chapter four deals with the Offences and Penalties under the NDPS Act. It describes with
punishment duration the various possible crimes that can be tried under this Act, such as
possession of such substances, for commercial or recreational use, cultivation or preparation of
such substances and smuggling of such substances.

The fifth chapter looks at the Procedure of how the cases are to be dealt with, and also set the
guidelines for the officers empowered under this Act.
3/6/2017

Day 13

Today we went to the court of Hon’ble Justice Umashankar, Judicial Magistrate of First
Class. He told us about the Negotiable Instruments Act, 1881. According to Section 13 of the
Negotiable Instruments Act, "A negotiable instrument means a promissory note, bill of
exchange or cheque payable either to order or to bearer”. But in Section 1, it is also described
that Local extent, Saving of usage relating to hundis, etc., Commencement. -It extends to the
whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871,
Section 2, or affects any local usage relating to any instrument in an oriental language. Provided
that such usages may be excluded by any words in the body of the instrument, which indicate
and intention that the legal relations of the parties thereto shall be governed by this Act. Section
13:- " A Negotiable instrument means a promissory note, bill of exchange or cheque either to
order or bearer."

Main Types of Negotiable Instruments are:

1. Inland Instruments
2. Foreign Instruments
3. Bank Draft

He specifically discussed Section 138 of the Negotiable Instruments Act, 1881.

It is manifest that to constitute an offence under Section 138 of the Act, the following
ingredients are required to be fulfilled

1. A must have drawn a cheque on an account maintained by him in a bank for payment of a
certain amount of money to another person from out of that account
2. The cheque should have been issued for the discharge, in whole or in part, of any debt or
other liability;
 3. That cheque has been presented to bank within a period of three months from the date on
which it is drawn or within the period of its validity whichever is earlier;

4. That cheque is returned by the bank unpaid, either because of the amount of money
standing to the credit of the account is insufficient to honour the cheque or that it exceeds the
amount arranged to be paid from that account by an agreement made with the bank;
5. the payee or the holder in due course of the cheque makes a demand for the payment of the
said amount of money by giving a notice in writing, to the drawer of the cheque, within 30
days of the receipt of information by him from the bank regarding the return of the cheque
as unpaid;
6. the drawer of such cheque fails to make payment of the said amount of money to the payee
or the holder in due course of the cheque within 15 days of the receipt of the said notice.

The offence under section 138 is not a natural crime like hurt or murder. It is an offence
created by a legal fiction in the statute. It is a civil liability transformed into a criminal liability,
under restricted conditions by way of an amendment to the Act, which is brought into force
only in 1989. Till then, the offending acts referred to in section 138 constituted only a pure
civil liability. Legitimately, the legislature thought it fit to provide for adequate safeguards in
the Act to protect honest drawers from unnecessary harassment. However, the sections 138 to
142 of the said Act were found deficient in dealing with dishonour of cheques. Thereby, the
Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, inter alia,
amended sections 138, 141 and 142 and inserted new sections 143 to 147 in the said Act.
These sections aimed at speedy disposal of cases relating to dishonour of cheque through their
summary trial as well as making them compoundable. Punishment provided under section 138
too was enhanced from one year to two years. These legislative reforms aimed at encouraging
the usage of cheque and enhancing the credibility of the instrument so that the normal business
transactions and settlement of liabilities could be ensured.

Distinctive features of Negotiable Instruments

- Easily transferable from one person to another

- Confers absolute and good title on the transferee

- The holder of a Negotiable Instrument (P.N./B.E./Cheque) is called as the holder in due course
and possesses the right to sue upon the instrument in his own name.

Types of Negotiable Instruments

 Negotiable instruments by Statue are of three types, cheques, bills of exchange and
promissory note.
 Negotiable instruments by custom or usage :- Some other instruments have acquired the
character of negotiability by the the custom or usage of trade. Section 137 of Transfer of
Property Act 1882 also recognizes that an instrument may be negotiable by Law or Custom. 
Thus in India Govt. Promissory notes, Shah Jog Hundis, Delivery Orders, Railway Receipts,
Bill of Lading etc. have been held negotiable by usage or custom. These can be said as quasi
statutory Negotiable Instruments.
05-06-17
Day 15
Today we visited to S.P. office of jabalpur ,and we learnt about functioning of it.
The police administration is built around police districts. Each police range comprises of
four or more police districts, which coincide with the boundaries of the revenue districts.
Organizationally, the district is further subdivided into police circles and police stations.
The police circles are placed under the control of circle inspectors while the police stations
are administratively managed by the Sis of police, which are known by several names in
The district police organization is represented by its chief, the SP. He is always a member
the IPS and wields a great amount of power and prestige in the district. Working under the
overall supervision of the DM, he looks after the problems of law and order and that of the
administration of crime and vice in the district.
The SP of a district has special responsibility in this regard.
He controls the incidence of crime in his district through:
(a) Effective patrol by his fleetrnacularin different states.
(b) Investigation of grave crimes and making and receiving special reports about these
cases; and
(c) Administrative supervision over his subordinates who keep constant vigilance, takes
preventive measures, and maintains up-to-date records of criminals in the district.
The function entails a number of subsidiary duties. The SP has to call for reports, supervise
in person and visit the scenes of crime soon after their occurrence. This is a major
traditional function and the victims involved in these crimes after go to the SP as aggrieved
parties in appeal.
Some of these important records in a police station are:
(1) FIR Book
(2) Case Diaries
(3) Charge sheets
(4) Final reports
(5) Bail bonds
(6) Search lists
(7) Seizure lists
(8) Register of non-FIR cases
(9) Register of unnatural death cases

(10) Inquest reports, especially of the murder cases

All these basic documents contain fairly detailed information about the ‘crime profiles’ of
the area and have to be filled daily. The need for decentralization and autonomous flat
structures at state and district level police administration is increasingly being realized and a
thorough overhaul and radical re-organization of the police machine, at all levels of
hierarchy, especially at the district is more than overdue.
06/06/17
Day 16
Today we visited to juvenile care center ,here we have gone through case file and
also through the system of it .
The Juvenile Justice System
A separate juvenile justice system was established in the United States about 100 years ago
with the goal of diverting youthful offenders from the destructive punishments of criminal
courts and encouraging rehabilitation based on the individual juvenile's needs. This system
was to differ from adult or criminal court in a number of ways. It was to focus on the child
or adolescent as a person in need of assistance, not on the act that brought him or her before
the court. The proceedings were informal, with much discretion left to the juvenile court
judge. Because the judge was to act in the best interests of the child, procedural safeguards
available to adults, such as the right to an attorney, the right to know the charges brought
against one, the right to trial by jury, and the right to confront one's accuser, were thought
unnecessary. Juvenile court proceedings were closed to the public and juvenile records were
to remain confidential so as not to interfere with the child's or adolescent's ability to be
rehabilitated and reintegrated into society. The very language used in juvenile court
underscored these differences. Juveniles are not charged with crimes, but rather with
delinquencies; they are not found guilty, but rather are adjudicated delinquent; they are not
sent to prison, but to training school or reformatory.
Changes in laws do not necessarily translate into changes in practice. In addition to the
belief that at least some juvenile offenders are amenable to treatment and rehabilitation,
other factors limit overreliance on get-tough measures: (1) the expense of incarceration, (2)
overcrowding that results from sentencing offenders more harshly, and (3) research
evidence that finds few gains, in terms of reduced rates of recidivism, from simply
incapacitating youth without any attention to treatment or rehabilitation .
The procedure and organization of the juvenile court system is different from the adult
system. After committing an offense, juveniles are detained rather than arrested. Next, a
petition is drawn up which outlines the jurisdiction authority of the juvenile court over the
offense and detained individuals, gives notice for the reason for the court appearance,
serves as notice to the minor's family, and also is the official charging document.

In The Courtroom
Once in court, the juvenile case is adjudicated, and a disposition is handed down. Records
from juvenile courts are sealed documents, unlike adult records which are accessible by
anyone under the Freedom of Information Act. Like diversion, this measure is designed to
protect the juvenile so that one mistake does not follow the juvenile for life. Juvenile
records may also be expunged upon the juvenile's eighteenth birthday provided the juvenile
has met certain conditions, such as good behavior. Juvenile court procedure is also far less
formal than adult court procedure.
The court's ability to interfere in both criminal and other matters relating to juveniles is the
product of a very old legal concept called parenspatriae, a concept that regards the
government as the legal protector of citizens unable to protect themselves. Even today, the
disposition of a juvenile case is based on the least detrimental alternative, so the legacy of
parenspatriae is still evident. However, one major controversy in juvenile dispositions is the
use of indeterminate sentencing, which allows a judge to set a maximum sentence.
In such cases, juveniles are monitored during their sentences and are released only when the
judge is satisfied that they have been rehabilitated or when the maximum time has been
served. Critics argue that this arrangement allows the judge too much discretion and is,
therefore, not the least detrimental punishment.
Kinds of Juvenile Cases
There are three basic kinds of juvenile cases:
Juvenile Delinquency Cases - These are cases involving minors whose actions, if they were
adults, would be considered crimes and would result in a case in criminal court. Juvenile
punishment, and the procedures used in juvenile delinquency courtrooms, differs
significantly from adult criminal courts. The focus in juvenile proceedings is generally
focused on rehabilitation and avoiding long-term negative repurcussions.
Juvenile Dependency Cases - These cases involve minors that have been abused, neglected,
or abandoned by their parents or guardians. Cases of this sort focus on protecting the child's
safety. They have some similarity to family court cases.
 Status Offense Cases - These cases involve status offenses that apply specifically to
juveniles. This may include underage drinking or driving, runaways, and truancy from
school.

07/06/17

Day 16
JAIL VISIT Today we went for a jail visit there I get to know about all such
information’s given below:
Central Jail, Jabalpur was the first Government establishment created by the British in 1818
after they took over the city in 1817.Shaheed Meherbansingh (malgujar of Tupa) was the
first to be hanged in this jail on the 10th of Aug.1858 for taking part in the 1857 mutiny.
NetajiSubhaschandra Bose was also imprisoned here by the British. It is the largest jail of
Madhya Pradesh. Working under the guidance of Mrs. AlkaSonkar (first women jailor of
M.P.)
1. Arriving at prison
When someone arrives at prison they have at least one counceling and assessment so they:
• understand prison rules and procedures
• know what their rights are
• are told of courses available
• get the right healthcare
The prisoner gets a prison number and their property is recorded and put somewhere safe
until they’re released.
Security categories
Prisoners are given a security category based on:
• how likely they are to try to escape
• their risk of causing harm to other prisoners and prison staff
A prisoner may be transferred to another prison with a different security category at any
time
6. Education and work in prison
Courses are normally available to help prisoners get new skills, eg learning to read and
write, use computers and do basic maths. Most prisoners get an Individual Learning Plan
listing courses and training.
Qualifications and skills
Most courses lead to qualifications that are recognised by employers outside prison, eg
GCSEs or NVQs. Prisoners may be able to do a distance learning course, eg Open
University.
A prisoner can learn skills eg woodwork, engineering or gardening.

Working in prison
Many prisoners get the chance to work while carrying out their sentence, eg making clothes
and furniture or electrical engineering.
This is done in prison workshops and is normally paid work.
Prisoners can also work around the prison itself - eg in kitchens and laundries.
A ‘low-risk’ prisoner may be allowed to work in the community.
Rights
Prisoners have rights, including:
• protection from bullying and racial harassment
• being able to get in contact with a solicitor
• healthcare - including support for a mental health condition
All prisoners should be able to spend between 30 minutes and an hour outside in the open
air each day.

3. Healthcare in prison
Prisoners get the same healthcare and treatment as anyone outside of prison.
Treatment is free but has to be approved by a prison doctor or member of the healthcare
team.
Prisons have hospitals
Most problems are dealt with by the healthcare team. If they can’t, the prison may:
• get an expert to visit the prison
• arrange for treatment in an outside hospital
The healthcare team can ask the prisoner’s family doctor for their records, but only if the
prisoner agrees to it.
4 Special help and support
Prisoners can get specialist support - eg if they:
 • have drug or alcohol problems
• have HIV or AIDS
• are disabled or have a learning difficulty.

Is there corruption inside

Yes there is corruption inside, and yes there are ways by which you can get the necessary
things inside too (cigarette, alcohol, good food etc) usually corporate criminals and
politicians are the ones availing these facilities as prices are spiked like anything inside.

WOMEN CELL

There is a different cell for women they are also provided with the same facilities ,they too
have to work men cook food they chop vegetables for them ,they study there with different
skilled courses too . They can keep there children also if they are small and hey will also get
school facilities.
08/06/17
Day 18
We visited to family court today, it basically deals with family matters and makes
orders in relation to family law, such as custody of children, divorce, maintenance etc. In
common-law jurisdictions "family courts" are statutory creations primarily dealing with
equitable matters devolved from a court of inherent jurisdiction, such as a superior court.
Although each state has a different system utilized to address family law cases, each state
strives to provide families with the best possible outcome in family law cases. Family
courts can also issue decisions regarding divorce cases.[
The Family Courts Act 1984 was enacted on 14 September 1984 to provide for the family
courts with a view to promoting conciliation in and secure speedy settlement of disputes
relating to marriage and family affairs. According to Section 2 (d) of the act, "Family
Court" means a family court established under section 3. Section 3 describes the
establishment of Family Courts and says that the State Government after consultation with
the High Court and by notification shall establish a Family Court for every area of the state
consisting of a city or town whose population exceeds ten lakhs and for other areas in the
state as it may deem necessary. Family courts are subordinate to the High Court, which has
power to transfer the case from one family court to the other.
The matters which are dealt in the Family Court in India are matrimonial relief which
includes nullity of marriage, judicial separation, divorce, restitution of conjugal rights,
declaration as to the validity of marriage and matrimonial status of the person, property of
the spouses or any of them and declaration as to the legitimacy of any person, guardianship
of a person or custody of any minor, maintenance including the proceeding under the Cr.
P.C. section 125.
Powers of Family Court
1. The family court has the power to make their own procedure.
2. They are not required to record the oral statement of the witness at length.
3. The appeal from family courts lies directly to the High Court.
4. The Family Court can receive any document or statement even if it is not admissible
under Indian Evidence Act 1872.
Procedure to be followed by family court
through conciliation and settlement.

If there is possibility of settlement of dispute the court should adjourn the proceedings until
such settlement is arrived at.

The parties of the proceeding are not required to hire a legal practitioner; however they are
entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
In camera proceedings can be ordered if the parties desire. (In camera proceedings means
that the public is not allowed to see the proceedings)
Judgment should be concise with the statement of the case, determination of the decision
and the reason for the decision.
Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or
Section 9 provides that the family court should try to resolve the matter the judgment.
The Court can take assistance of medical and welfare experts.
Appeal
Appeal from judgment or order of Family Court can be made to the High Court within 30
days of passing the order or the judgment.
The appeal can be on both question of law and question of fact.
The appeal should be heard by a High Court bench of two or more judges.
No appeal lies against an order which is passed with the consent of the parties.
Conclusion
So far in India 153 family courts have been established. Yet many of them lack basic
infrastructure and proper rules and procedure. There are many states that still don’t have
family courts like Haryana, Arunachal Pradesh, and Mizoram. However, the court has
proved to be one of the most efficient mechanisms for solving family disputes. Many
marriages have been saved, many women were given their basic rights and many family
disputes have been resolved. Though the record of Family courts have been pretty much
mixed, formulating of certain remedies .
09/06/17
Day 19
Today we went to parmaar sir court I know about all these information :
This court deals with criminal cases . This day court was dealing with
Section 302 in The Indian Penal Code
302. Punishment for murder.—Whoever commits murder shall be punished with death, or
1(imprisonment for life), and shall also be liable to fine.

Section 323 in The Indian Penal Code

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by
section 334, voluntarily causes hurt, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.

CASE ANALYSIS
mohitkumarsen
v/s
Smile khan
Date of complain: 18/10/2011
Issue: section 323 I.P.C. Voluntarily causing grivious hurt
FACTS:
Mohoitkumarsen s/o rajeshsen r/o south cvil lines near saimandir was neighbour of smile
khan ,smile khan has a goat as told by mohitsen , he usually ties a long rope of his goat
intentonally so that it reaches mohitsen house door ,this daily practise of smile khan irritates
mohoitsen and very often they use to fight.
 Once mohitsen was not at home and again there was fight for the same , smile voluntarily
traspass at house and stared beating son of mohitsen with a rod hat cause him a grivious
hurt .
CASE IS ON PROCEDING

10/06/17

Day 20
Today is the last day of internship ,today we learn about lokadalat
NALSA along with other Legal Services Institutions conducts LokAdalats. LokAdalat is
one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
LokAdalats have been given statutory status under the Legal Services Authorities Act,
1987. Under the said Act, the award (decision) made by the LokAdalats is deemed to be a
decree of a civil court and is final and binding on all parties and no appeal against such an
award lies before any court of law. If the parties are not satisfied with the award of the
LokAdalat though there is no provision for an appeal against such an award, but they are
free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case
by following the required procedure, in exercise of their right to litigate.
There is no court fee payable when a matter is filed in a LokAdalat. If a matter pending in
the court of law is referred to the LokAdalat and is settled subsequently, the court fee
originally paid in the court on the complaints/petition is also refunded back to the parties.
The persons deciding the cases in the LokAdalats are called the Members of the
LokAdalats, they have the role of statutory conciliators only and do not have any judicial
role; therefore they can only persuade the parties to come to a conclusion for settling the
dispute outside the court in the LokAdalat and shall not pressurize or coerce any of the
parties to compromise or settle cases or matters either directly or indirectly. The LokAdalat
shall not decide the matter so referred at its own instance, instead the same would be
decided on the basis of the compromise or settlement between the parties. The members
shall assist the parties in an independent and impartial manner in their attempt to reach
amicable settlement of their dispute.
Nature of Cases to be Referred to LokAdalat
1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to be filed before
the court.
Provided that any matter relating to an offence not compoundable under the law shall not be
settled in LokAdalat.
Which LokAdalat to be Approached

As per section 18(1) of the Act, a LokAdalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of -
(1) Any case pending before; or
(2) Any matter which is falling within the jurisdiction of, and is not brought before, any
court for which the LokAdalat is organised.
Provided that the LokAdalat shall have no jurisdiction in respect of matters relating to
divorce or matters relating to an offence not compoundable under any law.
How to Get the Case Referred to the LokAdalat for Settlement
(A) Case pending before the court.
(B) Any dispute at pre-litigative stage.
The State Legal Services Authority or District Legal Services Authority as the case may be
on receipt of an application from any one of the parties at a pre-litigation stage may refer
such matter to the LokAdalat for amicable settlement of the dispute for which notice would
then be issued to the other party.
Levels and Composition of LokAdalats:
At the State Authority Level -
The Member Secretary of the State Legal Services Authority organizing the LokAdalat
would constitute benches of the LokAdalat, each bench comprising of a sitting or retired
judge of the High Court or a sitting or retired judicial officer and any one or both of- a
member from the legal profession; a social worker engaged in the upliftment of the weaker
sections and interested in the implementation of legal services schemes or programmes.
At High Court Level -
The Secretary of the High Court Legal Services Committee would constitute benches of the
LokAdalat, each bench comprising of a sitting or retired judge of the High Court and any
one or both of- a member from the legal profession; a social worker engaged in the
upliftment of the weaker sections and interested in the implementation of legal services
schemes or programmes.
At District Level -
The Secretary of the District Legal Services Authority organizing the LokAdalat would
constitute benches of the LokAdalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social
worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes or a person engaged in para-legal
activities of the area, preferably a woman.

At Taluk Level -
The Secretary of the Taluk Legal Services Committee organizing the LokAdalat would
constitute benches of the LokAdalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social
worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes or a person engaged in para-legal
activities of the area, preferably a woman

LokAdalats are organised by District Legal Services Authority at regular intervals and
pending matters where settlement is possible, are referred to the LokAdalat and large
number of matters are being compromised there. After the filing of pleadings from both
sides, any party can file an application to refer the petition to LokAdalat where the matters
are settled amicably and in case, settlement is not possible, the matters are referred back to
the respective Tribunals. If a party wishes that his matter be listed before LokAdalat, he can
move an application before concerned Court. Every last Sunday of the month, Criminal and
civil cases for settlement are taken up in LokAdalats held in Court Complex. The District
Judge is the ex-officio President of the District Legal Services Authority.
FEEDBACK

I am a 3rd year student fromSymbiosis law School, Punedoing B.A. LL.B. (Hons.) in this
internship of mine at District Legal Service Authority (DLSA) I got the basic knowledge of
legal service how it is given and to whom it is given, what is the procedure etc., all these
small and basic knowledge of legal aid, I even got to know about mediation which is one of
its branch, here I also got to know about how a proceeding takes place in a court, some new
rules and regulation, sections and articles which will be helpful to me in future as I have to
study all these things in my coming semesters. Here I was in a very supportive environment
and I was given all the help I needed whenever possible.

This internship has given me a lot to remember and I am sure the knowledge I got from this
internship will be very helpful to me in my coming future projects and ventures. This
internship has improved my skills a ton, both off paper and on paper. I didn’t realize it all of
this time, but this position served not only as a positive learning experience, but a resume
builder as well.