CHECKMATE 2020

LIST OF CLARIFICATIONS

Clarifications related to Alexa (electronic device):

1. Are "Alexa" devices referred to in the moot proposition Similar to Amazon Product.
the actual assistant that is used in Amazon products or is
it a hypothetical product?
2. Are the Alexa electronic device, Alexa mini music player
and amazon Alexa the same?
Interpret according to the facts
3. The Alexa (electronic device) that was recovered from the of the case.
crime scene and was taken as evidence, did that device
have any information in it?

4. The 2nd issue mentioned in the proposition states,

'Whether evidence stolen from the crime scene is Interpret according to the facts
admissible in a Court of law?' The words 'evidence stolen' of the case.
in this issue refers only to the Alexa mini music player that
was stolen by Rajesh or does it refer to any stolen evidence
in general?

Interpret according to the facts

5. Can the Alexa (electronic device) that has been taken as of the case.
evidence record conversations?

This question requires no

6. We don't know about the content of the recordings in both clarification.
the electronic devices i.e. Alexa and specifically Alexa Interpret according to the facts
which is given in the first issue, so how can we know that of the case
those recordings are favouring which party of the case?
How should we frame the issue?

7. Was the certificate under the Evidence Act obtained The facts in the Moot
for the data from Alexa? Proposition are the only ones
8. Did police obtain the Alexa mini music player? available. No further details are
If the answer to the above question is yes, to be provided.
how has the police procured the evidence?
9. Has the prosecution listened to the last Interpret according to the facts
recording recorded on the Alexa mini music of the case.
player device?

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 10. The Alexa devices mentioned in the questions
before the trial refer to only the Alexa Music
Player or the Alexa electronic device too?

11. Does the Alexa music player device only

recognize Peter's and Alexa‟s Voice or anyone‟s voice?
The facts in the Moot
12. Does Alexa provide a detailed transcript of the Proposition are the only ones
time and date of the voice recording? available.

13. For how long does Alexa record the conversation No further details are to be
when Alexa is said twice? provided.

14. What is the storage capacity of Alexa? Refer to moot proposition.

15. Can a deleted piece of recording still be retrieved

from Alexa?

16. Does Alexa use the internet for functioning always?

17. What is the standby time of Alexa?

18. What are the specifications (model) of the Alexa

Mini music player device?

Clarifications related to Rajesh:

19. At what time did Rajesh come to pick up Alexa from Refer to Moot Proposition.
Peter‟s place?

20. Kindly specify the status of Rajesh in the present case? No clarification required.
21. What is locus standi of Rajesh? Who is Rajesh? Is Interpret according to the facts
he a witness or suspect? of the case.

Interpret according to the facts

22. Whether or not Rajesh is co-accused in the case or Peter is of the case.
the only defendant here?

23. Rajesh has confessed that he had taken the Alexa (music
player) with him and so the second issue revolves around Refer to Moot Proposition.
admissibility of stolen property. Is this stolen property the
same which Rajesh had confessed about or not?

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24. When Rajesh visited Peter‟s house and rung the bell This question requires no
whether the door locked from outside or inside and was clarification as the moot
there any forced entry or normal entry? proposition provides the
relevant details.

25. Which kind of lock does Rajesh‟s house have - AI based

No clarification required.
lock or conventional one?

26. Was Rajesh a certified Hacker?

27. Is Rajesh certain that the Alexa Mini music player

This question requires no
has the recording or is he merely assuming? clarification as the moot
proposition provides the
28. Upon co-joint reading of para 16 & 17 can we draw relevant details.
a conclusion that Rajesh confessed in front of
magistrate that he had stolen Alexa mini music player?

29. In Issue 3, can Dr. Peter and Rajesh be subjected to

NARCO analysis? Herein, the accused is Dr. Peter so the
defence need only argue for Dr. Peter. So, what needs to
be done by the defence for Rajesh?

30. In para 17 of the proposition it says "Rajesh claims that if

given an opportunity he could retrieve the recordings and
find out the last conversation, since the word Alexa must
have been mentioned." Does that mean Rajesh himself The facts in the Moot
wants to retrieve the recording considering he is an IT Proposition are the only ones
wizard or that he would ask someone else? available.
No further details are to be
31. Was Rajesh also included as an accused by the State or provided.
who initiated a complaint against Rajesh that he asked
them to not hold charges of theft, trespass and any other
offence under the law?

32. As such the proposition says that after the post-mortem

report result, Peter was arrested. However, nothing is said
so about Rajesh‟s arrest. So then he is only a witness who
has confessed, rather than being an accused?

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 33. What time did Rajesh go to Peter‟s house in the morning? All of the available information
is provided in the hypothetical
34. Were any charges framed against Rajesh? case/moot and the answers to
the clarification questions.
35. Where did Rajesh claim of retrieving the recording on
a condition of exemption of charges? Did Rajesh‟s
deal finalise?
Clarifications related to Peter

36. What is the status of Peter with respect to his custody? All of the available information
is provided in the hypothetical
case/moot and the answers to
the clarification questions.

37. What is the specific date of marriage of Alexa and Peter in

2013?
No clarification required.
38. How far apart were the bedroom and living room of Mr
Peter's house?

39. What kind of house security system does peter uses?

40. In point 7, it is written that, "The work made them The moot proposition provides
drift apart.” Does that mean that they started living the relevant details
separately?

41. Is Peter a citizen of India or is a foreigner? Peter is a citizen of India.

42. Where were Peter‟s parents and their Nationality? No clarification required.

43. In paragraph 8, to clarify it clearly, does the sentence The moot proposition provides
mean, “Peter rebuked Alexa to leave her job to which she the relevant details
refused?”

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Clarifications related to the Post-Mortem Report:

44. Referring to Para 14 of the proposition, it is given that the Body sent for Post Mortem on
post mortem report came in the next day which technically 12th May, 2020.
is 13th May, 2020 as she died on 12th May, 2020. Post mortem conducted on 13th
However, in the post-mortem report annexure, the date May, 2020.
mentioned is 14th May, 2020. Which date should we Report came on 14th May,
consider correct for the arguments? 2020.

45. Whether there is any ligature mark around the neck, if All of the available information
yes than what was the ligature? is provided in the hypothetical
46. What is the exact measurement of laceration (dimension case/moot and the answers to
specific)? the clarification questions.
47. By which weapon laceration was caused? Refer to Post-Mortem Report.
48. What was the direction of laceration on the neck?

49. In the proposition it is said that the post-mortem report Refer to answer for Q.No.44
came the next day, however the date mentioned in the
annexure is 14th May. Is it a deliberate mistake or factual
error?

50. The cause of death is given as "Asphyxia due to hanging

(Unnatural)" in the post mortem report. Does the Interpret according to the facts
"unnatural" mean such hanging itself is an unnatural death, of the case.
or that the hanging was unnaturally/suspiciously done?

51. Was any sharp object found near Alexa‟s body as the post The facts in the Moot
mortem report shows laceration? Proposition are the only ones
available. No further details are
52. Is there any other information available in the Post
to be provided.
Mortem report?

Because the mother has died.

53. What was the cause of death of unborn Child?

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Clarifications related to the NARCO analysis test:

54. According to Para 18, Peter submitted written consent to

the NARCO analysis examination that has been submitted. Concerned Authority asked for
Was this consent initiated by Peter or he was asked to give the NARCO analysis test.
the NARCO analysis test?

55. Who has asked for the parties for NARCO analysis to
which they are agreeing or refuting to?

56. Did any agency ask Rajesh to undergo NARCO test? Yes the competent authority.

57. To whom has Peter consented for the NARCO Analysis No clarification required.
Test?

58. Did the police/enforcement officials approach Rajesh for

No clarification required
taking the NARCO test?

59. Is the NARCO analysis test mentioned herein the moot

problem based on any specific NARCO analysis test or To be interpreted as understood
does it cover any test as it deems fit? in the common parlance.

Clarifications related to the Trial:

60. What is the title of the case? To be titled in accordance with

the facts of the case.

61. On which date the present matter is listed for hearing in No clarification required.
Trial court?

62. At what stage is the given proceeding at? Is it the framing It is a Moot Court Competition.
of charges stage or at a stage where they expect final Do not confuse it with Trial
arguments on behalf of both the parties? Advocacy.
63. What is the stage of the trial in the present case?

64. The Moot Proposition is silent about the Court that

counsels would be arguing in. Could the Organising The relevant Criminal Court.
Committee specify which court has the matter been
referred to in the present case?

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 65. Kindly clarify with respect to the procedure that'll be used It is not a trial advocacy
in the competition, will it be according to a trial court (trial competition.
competition) or like an appellate court (moot court It is not an appeal.
competition)?

66. Which "trial" is being referred to in Para. 16? The word „trial‟ refers to the
pertinent trial i.e. the trial at
hand.

67. What were the final charges framed by Magistrate u/s 211 For relevant details refer to the
CrPC? What does the line case was filed under 306, 316, Cr.P.C.
325 mean?

The information available on

68. What is to be assumed with respect to the procedure of this matter is limited to that
investigation in absence of evidence provided? provided in the hypothetical
moot proposition

69. Why the police did not mention Section 302 IPC in the No clarification required.
charges framed against Rajesh? Interpret according to the facts
of the case

70. Section 302 is being added on the application of No clarification required.

prosecution or was added upon the discretion of the judge? Participants can argue this in
the Court.
Additional Documents:

71. Whether certificate using 65B of IEA Act, 1872 is given to Facts are silent to it and hence
court or not? open for interpretation.

72. Can we get the inquest report made by the police? Procedure for inquest was
followed by the Police.
\ The information available on
this matter is limited to that
provided in the hypothetical
moot proposition

73. What is the extent of exhibits that can be made or used? No Charge sheet is required to
Are the teams at a liberty to prepare a chargesheet? If not, be prepared by the teams.

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 then what is the extent of evidence that can be prepared Strictly go by the Moot
keeping in mind the maximum page limit of written Proposition.
submissions?

Additional Issues:

74. We want to know if we can raise other issues apart from Yes, it can be raised but only
the five issues raised in the problem. relevant to the moot
proposition. Please refer to the
“Note” mentioned at the end of
the moot proposition.

75. In Issue 2, the problem doesn't raise any biased ground for This question requires no
prosecution or defence w.r.t. to this issue; it is very much clarification.
neutral for both the parties. How should we look forward Issue is before the Court.
to it? Participants can argue on the
said issue in the Court.

Alexa Courtney Hemsworth-

76. What is the Nationality of Alexa?
an Indian national.

Clarifications with respect to the Compendium:

77. Please note the following instruction for sending the Compendium(Optional):
i. If any team is forwarding a Compendium then, a combined compendium has to be
submitted to the Organising Committee via e-mail to mcs@ail.ac.in by October 5th,
2020 by 11:59 P.M. in the form of a single PDF document (.pdf) for both Prosecution
and Defence.
ii. The document must be numbered with a proper demarcation between the Prosecution
and Defence compendium.

Clarifications with respect to the Memorials:

78. Whether the inclusion of exhibits and appendix is within the page limit of memorials.
Yes, it is. Kindly stick to the moot proposition strictly.

79. Is plagiarism allowed in the memorial? If yes, what percentage of plagiarism is allowed?
No rules for Plagiarism are there but the teams must come up with their original piece of
research and submissions.

80. Which Software will be used for checking the plagiarism?

This question requires no clarification.

81. Please note the following instructions for sending the Memorials:

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 i) The name of the files should be "TC-__ Prosecution Memorial" and "TC-__ Defence
Memorial".
ii) The Memorials must be in word as well as pdf format.
iii) For all other details, please refer to Rule 5 of the Checkmate 2020 Rules.

Clarifications with respect to the Pre-Recorded Videos:

82. With respect to pre-recorded video, does each pleader have to make submissions for all the 5
issues during that 15 mins video or as per the discretion of the team divide the issues and
record accordingly?
The teams have the autonomy to decide the division of the pleadings with respect to each
Speaker. But each speaker must deal with a minimum of two issues.

83. With regards to maintaining anonymity, it has been said that we can express our names. So,
when we speak on behalf of State or the Defendant, may we say, “I am Counsel (our original
name)” instead of Counsel 1 and Counsel 2?
Participants are requested not to reveal their names.

84. Please note the following instructions for sending the Pre-Recorded videos:
i. The team should prepare a fresh folder on their "Google Drive", wherein all the pre-
recorded videos will be uploaded. Each uploaded video should be named separately as
"TC-__ Speaker-1 (Prosecution)", "TC-__ Speaker-2 (Prosecution)", "TC-__ Speaker-1
(Defence)" and "TC-__ Speaker-2 (Defence)".
ii. As teams make submission of their Memorials via e-mail, the same e-mail will contain
the link of this particular Google Drive Folder. Make sure that the link is not under
"Restricted Access" setting and is under "Anyone with the Link access" setting, so that
further permission to peruse the link is not required from the teams.
iii. Make sure that only a link to this particular folder is shared and not the whole google
drive, in lieu of privacy concerns of the participants. Also make sure that the folder
shared with us does not contain any other photos, videos, extra media files etc.
iv. If any other private data, apart from the pre-recorded videos is shared with the
Organising Committee, the latter shall not be held responsible for the same at any stage
in any manner whatsoever.

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