INTERNSHIP REPORT

SUBMITTED TO PARTIAL FULFILLMENT OF THE AWARD OF DEGREE OF

B.A. LL.B(HONS.)

ACADEMIC YEAR: 2021-2022

SUBMITTED TO

BARODA SCHOOL LEGAL STUDY FACULTY OF LAW

THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA

SUMITTED BY

NEHA SOLANKI
3RDYEAR B.ALL.B(HONS)
PRN:2018033800027993
 ACKNOWLEDGMENT

 I would first of all like to thank P.P.ASSOCIATES under whose guiadance I have enterd the
practical world of the legal profession.

 Mr. panthil p.majmudar has been guide, a mentor and has taught me all that I know about the
practical of criminal law today.

 Also, I am thankful to M.S.university for making this internship both eduction enlightening and
enjoyable at the same time.

 And lastly, I would like to thank my parents for facilitating my internship under P.P.ASSOCIATE.

 I also extend my sincere regards to baroda school of legal studies along with Dean. Bhavna Mehta
for providing with recommendation letter and constant support.
 INDEX

Sr Contents
no.
1 Preface

2 Introduction of organisation

3 Certificate

4 Objective of the association

5 Daily report

6 Concerned laws related to study

7 Study undertaken

8 conclusion

9 references
 PREFACE

 As a part of the curriculum for Students, The Bar Council of India has prescribed minimum of 20
weeks internship for Three Year Course stream during the entire period of legal studies under NGO,
Trial and Appellate Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament,
Other Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government and
other such bodies as the University shall stipulate, where law is practiced either in action or in dispute
resolution or in management.

 This is an approach to show case my experience of such kind of training under a Law Firm. This piece
encompasses my Lessons of Practical World which eye opened me to a new phase of life.

 The period reflects my future and exposes me to a better half of myself.

 I am very thankful to Baroda School of Legal Studies to groom me to such an exposure and drilling
from the very initial stage.
 INTRODUCTION OF ASSOCIATION

 Mr. Panthil majmudar (Advocate) are a premier Law Associates specializing in land, criminal & food
adulteration laws.

 Headed by Mr.panthil majumdar, they are a Full Service Law Associates in Ahemdabad.. Both
litigation and non-litigation matters are handled here.

 Briefs accepted here generally pertain to Criminal & Commercial law, occasionally branching out to
include civil cases relating to negotiable instruments act inter alia others.

 This firm stands out from the others due to the fact that the firm has a number of reputed clients in
its repertoire and the advocates here, Mr. panthil majmudar are all experts in their chosen fields of
law.

 They offer legal training to their clients and their staff for mailing compliance issue simpler for them.

 Adv. Panthil P Majmudar in Drive In Road, Ahmedabad is a top player in the category Lawyers in the
Ahmedabad.

 This well-known establishment acts as a one-stop destination servicing customers both local and from
other parts of Ahmedabad. Over the course of its journey, this business has established a firm foothold
in it’s industry.

 The belief that customer satisfaction is as important as their products and services, have helped this
establishment garner a vast base of customers, which continues to grow by the day.

 This business employs individuals that are dedicated towards their respective roles and put in a lot of
effort to achieve the common vision and larger goals of the company. In the near future, this business
aims to expand its line of products and services and cater to a larger client base.

 In Ahmedabad, this establishment occupies a prominent location in Drive In Road. It is an effortless

task in commuting to this establishment as there are various modes of transport readily available.
 OBJECTIVE OF ORGANISATION

 Legal assistance must be reach to needy.

 To provide best legal services to the litigants at a very reasonable cost and that to under one roof.

 To impart legal education to poor litigants.

 To encourage the young lawyers to follow the Principles of Professional ethics.

 To produce the hard working, fair, intelligent Advocates as well as Judicial Officers.
CERTIFICATE
 DAILY REPORT

DECEMBER 6 2021

 On the first day of the internship I reported at 10:45am to the court room.

 So we visited different courtrooms of Civil Court & Criminal Court.

 In one of the cases we learnt about an Affidavit, its contents, its authorization, it’s language & the
method for filing an affidavit in the petition.

 Today we came across a case in which criminal acquittal appeals to be heard by judge.it was a case
of bail.

 This matter was section 378 0f CRPC.

 The district magistrate may , in anycase , direct the public prosecutor to present an appeal to the
court of session from an order of acquittal passed by magistrate in respect of a cognizable and non
– bailable offence.

o Around 5:30 we wrapped up and then went to office.

DECEMBER 7 2021

 Our second day was like an expedition of the court.

 Today there were few cases on the board which were wrapped in the pre-lunch session by
adjourning to next dates.

 This case included section 307 of IPC which states

 307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of murder, shall be
punished with imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be
liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life convicts. 2 When any person offending under this section is under sentence of 1
imprisonment for life,he may, if hurt is caused, be punished with death.

 And then we wrapped the schedule and went to home.

DECEMBER 8 2021

 We stayed back in office and executed study for the lawpoints involved in the proceeding in the matters we
attended.

 After completion of the same, I was asked to prepare Family chart of one client for the matter of land
reference.With great effort and endeavor I made the same and submitted to Sir at the firm Mr. panthil
majumdar.

 He asked me to help him in sorting out the matters by getting the case status whether the file is pending or
disposed and to get the latest order or Judgment copy from the website.

 He also taught me how to view the online display board so when there is matter in other court we can move
on time.

 That day more work in the court in many courts like civil and criminal in different magistrates judges court.

 In Our one case reached the stage of further statement and that day judge was give the final order and give
the bail him.

 That case was about GUJARAT (BOMBAY) PROHIBITION ACT,1949 UNDER SECTION 65 in the case we are
accused this section meaning that offence punishable under Section 65(b) of the Bombay Prohibition Act.

 He was found in possession without pass or permit wash weighing 40 kg for the purpose of manufacturing
country liquor.

 The case is pending against the detenu and is released on bail. Later on he asked me to read any of the Law
books of my interest.
December 9 2021

 I reached court 10:45am.There were many cases on the board.

 So we were asked to check the case number and serial number from the cause-list and brought to
notice to Hon’ble justice about the presence of sir in the respective cases.

 Section 279 in The Indian Penal Code 279. Rash driving or riding on a public way.—Whoever drives
any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life,
or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.

 Section 186 in The Indian Penal Code 186. Obstructing public servant in discharge of public
functions.—Whoever voluntarily obstructs any public servant in the discharge of his public
functions, shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or with both.
DECEMBER 10 2021

 I reached court at 10:45am.Today I learnt a very important thing which every lawyer needs to
know which Adjournment Report is.

 Although it may be unethical on the part of lawyer to persist a case for long, but practically it arises
out of necessity.

 We across the section 144 of IPC which states-

Joining unlawful assembly armed with deadly weapon - whoever, being armed with deadly weapon, or
with anything which, used as a weapon, or with anything which used as a weapon of offence, is likely to
cause death , is a member of an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to two years , or with fine, or with both.

 SECTION 149 OF IPC

Every member of unlawful assembly guilty of offence committed in prosecution of common object.—If
an offence is committed by any member of an unlawful assembly in prosecution of the common object
of that assembly, or such as the members of that assembly knew to be likely to be committed in
prosecution of that object, every person who, at the time of the committing of that offence, is a
member of the same assembly, is guilty of that offence.
DECEMBER 11 2021
HOLIDAY

DECEMBER 12 2021
HOLIDAY

DECEMBER 13 2021

 Today I visited high court this court different from other court attitude of staff for doing work was
really impressing they handle every work was very nicely and attitude and behavior of judge also
very different from others.

 SECTION 384 OF IPC

Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.

 SECTION 409 OF IPC

Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever, being in any
manner entrusted with property, or with any dominion over property in his capacity of a public servant
or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal
breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
DECEMBER 14 2021

 Our senior lawyer asked us to come at 10:00 clock in the morning and we were briefed about the
matters on the board and what is the stage of the matter.

 By 11:00 am we reached the court and then we had to observe how the dates are to be taken,
what’s the court’s board, how the matter is been called out & what are the serial number.

 SECTION 360 OF IPC

Whoever conveys any person beyond the limits of India without the consent of that person, or of
some person legally authorised to consent on behalf of that person, is said to kidnap that person
from India.

 In this case arguments were done with both parties . judge listened to both parties and then he said
that judgement of this case will be announced on another date and then court was adjourned.
DECEMBER 15 2021

 I reached office at 11.00am. We attended certain case that day. It as a civil suit filed to seek complete
right over property.

 The subject of the suit was to make cancellation regarding the sale of land as property and for
seeking complete right over property and civil suit filed for the same.

 We learned many new things from this case, it was a great experience. Then read the file which was
given to me for the case study. The case was of Sec 138 of N.I act.

 SECTION 138 OF NEGOTIABLE INSTRUMENT ACT

defines negotiable instruments as “a promissory note, bills of exchange or cheque payable either to
order or to bearer”. A negotiable instrument is a kind of document that guarantees its bearer a sum
of money to be payable on demand or at any future date. Section 138 of the NI Act is a penal
provision that deals with the punishment of dishonour of cheque.
DECEMBER 16 2021

 I reached office at 11.00 Am. We left for court afterwards and reached court by 12.00. Today sir
had many cases and others case for that day.

 A cross examination was conducted from which many things ignited my mind. It was a great
learning experience to witness the art of cross examination. That day I left for office from the court
by 5:00pm.

 Afterwards we sat with our senior colleague on a discussion related to the proceedings witnessed in
the court.

 He asked me and answered my queries on the matter after that he also asked me questions about
the case details and procedure.

1. Case filing. Every High Court has a Registry that is headed by Registrar/ Joint
Registrar/ Deputy Registrar or any other officer specially authorised on that
behalf. ...
2. Writ of Summon. ...
3. Pre-admission hearing. ...
4. Admission. ...
5. Admission hearing. ...
6. Final hearing. ...
7. Judgement and decree….
DECEMBER 17 2021

 I reached court at 11:00am.

 Today we had many cases on board.

 R/C.R.A/1274/2021.

 SECTION 302 OF IPC

Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also
be liable to fine.

 SECTION 303 OF IPC

Punishment for murder by life-convict.—Whoever, being under sentence of [imprisonment for life],
commits murder, shall be punished with death.

 SECTION 304 OF IPC

Punishment for culpable homicide not amounting to murder.—Whoever commits culpable
homicide not amounting to murder shall be punished with 1[imprisonment for life], or
imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine, if the act by which the death is caused is done with the intention of causing death, or
of causing such bodily injury as is likely to cause death, or with imprisonment of either description
for a term which may extend to ten years, or with fine, or with both, if the act is done with the
knowledge that it is likely to cause death, but without any intention to cause death, or to cause
such bodily injury as is likely to cause death.
DECEMBER 18 2021
HOLIDAY

DECEMBER 19 2021
HOLIDAY

DECEMBER 20 2021

 I reached office at 11.00am. We attended certain case that day.

 It as a civil suit filed to seek complete right over property. The subject of the suit was to make
cancellation regarding the sale of land as property and for seeking complete right over property and
civil suit filed for the same.

 We learned many new things from this case, it was a great experience. Then in a random case I
attended cross examination.

 After the cross examination was over, I went to the Family Court where I found the family matters
so as to check the position of the matter and the next date given. Today I learnt a very important
thing which every lawyer needs to know which Adjournment Report.

 Although it may be unethical on the part of lawyer to persist a case for long, but practically it arises
out of necessity. Today I was given a chance to file the adjournment report in the case of:
R/FA/2466/2021 - Dr. Vipinchandra C. Patel v. Power Grid Corporation (On Behalf of Complainant).
DECEMBER 21 2021
 Today many cases on the board. So today we accompanied Mr. panthil majmudar.

 Special criminal application 7272/2020

FIR NUMBER- 11199004201145
DISTRICT - BHARUCH
POLICE STATION- ANKLESHWAR
DATE- 29/7/2020

ACT- IPC 437.447,506(2)

 SECTION 437 OF IPC

According to section 437 of Indian penal code, Whoever commits mischief to any decked
vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render
unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall
be punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

 SECTION 447 OF IPC

Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with
imprisonment of either description for a term which may extend to three months, with fine or which
may extend to five hundred rupees, or with both.

 SECTION 506(2) OF IPC

Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with
imprisonment of either description for a term which may extend to three months, with fine or which
may extend to five hundred rupees, or with both.
DECEMBER 22 2021

 Ireached court at 11:00am.

CRMA/ 22510/2021
ANIL MALHOTRA
VS
STATE OF GUJARAT

FIR NUMBER – 11207028210637

DATE- 18/8/2021
SECTION OF IPC- 420, 114.

 As per FIR the applicant has illegaly seized the goods of original informant the goods were transport
via trucks of applicant, but in fact the applicant was to receive the payment from original informant
here.

 SECTION 420 OF IPC

Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly
induces the person deceived to deliver any property to any person, or to make, alter or destroy the
whole or any part of a valuable security, or anything which is signed or sealed, and which is capable
of being converted into a valuable security, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.

 SECTION 114 OF IPC

Abettor present when offence is committed.—Whenever any person, who is absent would be
liable to be punished as an abettor, is present when the act or offence for which he would be
punishable in consequence of the abetment is committed, he shall be deemed to have committed
such act or offence.
DECEMBER 23 2021

I reached court at 11:00am.

Akhatarbapu kadarmiya saiyad

Vs
State of Gujarat
CRMA/22532/2021
DISTRICT- JAMNAGAR

FIR – 11202008211932
POCSO
RAPE CASE

 Protection of Children from Sexual Offences Act, 2012, (POCSO Act) and its corresponding
rules were enacted with the objective of protecting children from a slew of sexual offences and
introducing child-friendly judicial mechanisms for dealing with such offences. Yet, despite the
existence of such comprehensive child sexual abuse laws in our country, the scale of such
abuse is staggering. According to a 2017 survey conducted by World Vision India, one in
every two children is a victim of sexual abuse in India. Further, in a majority of the cases, the
perpetrators are known to the victim, leading to a reluctance on the victim’s part in
approaching authorities for redressal.

 SECTION 439 OF CRPC

A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of
the nature specified in subsection (3) of section 437, may impose any condition which it considers
necessary for the purposes mentioned in that sub- section;

(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or
modified: Provided that the High Court or the Court of Session shall, before granting bail to a person
who is accused of an offence which is triable exclusively by the Court of Session or which, though
not so triable, is punishable with imprisonment for life, give notice of the application for bail to the
Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not
practicable to give such notice.
DECEMBER 24 2021

 I reached court at 11:am. There were many cases on the board.

SCRA/2927/2021
JATIN VIJAYKUMAR BAJAJ
VS
STATE OF GUJARAT
FIR- 1119900421026

IPC SECTION 285

 SECTION 285 OF IPC

Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or any
combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to
cause hurt or injury to any other person, or knowingly or negligently omits to take such order with
any fire or any combustible matter in his possession as is sufficient to guard against any probable
danger to human life from such fire or combustible matter, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
DECEMBER 25 2021 – JANURARY 2 2022
HOLIDAY( CHRISTMAS HOLIDAYS)

JANURARY 3 2022

 I reached office at 11.00am. We attended certain case that day.

CRMA/6296/2021
DISTRICT – VADODARA

YASHVANT SINH CHAUHAN

VS
STATE OF GUJARAT AND OTHERS
DATE- 16/16/14
SECTION 465, 467

 SECTION 465 OF IPC

Punishment for forgery.—Whoever commits forgery shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.

 SECTION 467 OF IPC

Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a

valuable security or a will, or an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal, interest or dividends
thereon, or to receive or deliver any money, movable property, or valuable security, or any
document purporting to be an acquittance or receipt acknowledging the payment of money, or an
acquittance or receipt for the delivery of any movable property or valuable security, shall be
punished with 1[imprisonment for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
 CONCERD LAW RELATED STUDY

HIGH COURT AMENDEMENTS

 Andhra, Pradesh.- Same as that of Madras.

 Assam and Nagaland.- Same as that of Calcutta.

 Calcutta Andaman and Nicobar Islands.- Add the following as clause (e):

 “(e) where any of the provisions of Rule 9(1-A) is not complied with and the plaintiff onbeing
required by the Court to comply therewith within a time to be fixed by the Court fails to do
so.”(25.7.1928).

 Karnataka.- For item (c), substitute the following:

 “(c) where the relief claimed is properly valued, but the Court fee actually paid is
insufficient and plaintiff does not make good the deficiency within the time, if any,
granted by the Court” (30.3.1967).

 Madras and Pondicherry.- For clause (c), substitute the following:

“(e) where the relief claimed is properly valued, but the plaint is written on paper
insufficiently stamped, and the plaintiff does not make good the deficiency within the
time, if any, granted by the Court.” (9.2.1967).
ORDER 7 RULE NUMBER 11 CRPC

 Order VII Rule 11 CPC: Plaint Has To Be Rejected If Reliefs Claimed In It Cannot Be Granted
Under Law: Supreme Court

For filing a suit, the plaintiff needs to have a locus standi. He/She needs to show that some legal right
of the person has been violated. Such violation should also result in some injury caused to the
person.

 If no legal right has been violated, the person will not have a locus standi for filing a suit. It is
basically the ability of the party to show the Court that there was a sufficient cause of action behind
the filing of the suit.

 Under Order VII Rule 11, the locus standi of the suit depends upon whether any grounds were
violated which resulted in rejection of the plaint.

 In Sh. Ved Prakash v. 3 S.H.O, the judgment was given by the Delhi District Court. The application
was decided under Order VII Rule 11 read along with Section 151 of the Code of Civil Procedure and
sought rejection of the plaint.

 The plaintiff filed the suit for an injunction by way of which he claimed that he was the co-sharer of
1/6th share recorded in the Revenue Board. On the basis of certain findings, it was averred that the
plaintiff had no locus standi or any cause of action for filing the current suit.

 It was thus held that the plaintiff did not have any cause of action or locus standi to file the case. The
suit was dismissed on the grounds of being infructuous.
CODE OF CRIMINAL PROCEDURE

 The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is
the main legislation on procedure for administration of substantive criminal law in India.

 It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for
the investigation of crime, apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and the determination of
punishment of the guilty.

 It also deals with public nuisance, prevention of offences and maintenance

of wife, child and parents.

 At present, the act contains 565 sections 5 schedules and 56 forms. The sections are
divided into 46 chapters.

 In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal
Law came into prevalence.

 The British rulers passed the Regulating Act of 1773 under which a Supreme Court was
established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to
apply British procedural law while deciding the cases of the Crown's subjects.

 After the Rebellion of 1857, the crown took over the administration in India. The Indian
Penal Code, 1861 was passed by the British parliament. The CrPC was created for the first
time ever in 1882 and then amended in 1898, then according to the 41st Law Commission
report in 1973.

 SECTION 482 0F CRPC

Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the
inherent powers of the High Court to make such orders as may be necessary to give effect to any
order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the
ends of justice.
 SECTION 264 OF CRPC

Judgement in cases tried summarily. In every case tried summarily in which the accused does not
plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a
brief statement of the reasons for the finding.

 SECTION 283 OF CRPC

Record in High Court. Every High Court may, by general rule, prescribe the manner in which the
evidence of witnesses and the examination of the accused shall be taken down in cases coming
before it; and such evidence and examination shall be taken down in accordance with such rule, B.-
Commissions for the examination of witnesses.

 PUBLIC INTEREST LITIGATION

The expression ‘Public Interest Litigation or PIL’ means a legal action initiated in a court for
enforcement of public interest. The Hon’ble Supreme Court of India under Art. 32 of the and
Hon’ble High Courts under Art. 226 of the Constitution sanctioned ‘public interest’ litigation where
a question of public interest may be supported through a writ petition by someone even though he
may not be directly injured or affected by it, or may have any personal interest in the matter.
CODE OF CIVIL PROCEDURE
 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, was not applicable to the Supreme Court.

 IN the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the
challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not
fulfill 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 it needed flexibility for timeliness and effectiveness. To meet these problems Code of
Civil Procedure, 1908 was enacted. Though it has been amended number of times it has
withstood the test of time.

INDIAN EVIDENCE ACT

 The Indian Evidence Act originally passed in India by the Imperial Legislative Council in 1872,
during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in
the Indian courts of law.

 The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure
introduced in India, which changed the entire system of concepts pertaining to admissibility of
evidences in the Indian courts of law.

 Until then, the rules of evidences were based on the traditional legal systems of different social
groups and communities of India and were different for different people depending on caste,
community, faith and social position. The Indian Evidence Act introduced a standard set of law
applicable to all Indians.
 The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called
the founding father of this comprehensive piece of legislation.

 The Indian Evidence Act, identified as Act no. 1 of 1872, [2] and called the Indian Evidence Act,
1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time,
India was a part of the British Empire. Over a period of more than 125 years since its enactment, the
Indian Evidence Act has basically retained its original form except certain amendments from time to
time.

 Amendments:
The Criminal Law Amendment Act, 2005.

 SECTION 5 OF INDIAN EVIDENCE ACT

Evidence may be given of facts in issue and relevant facts.—Evidence may be given in any suit or
proceedings of the existence or non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others.

Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled
to prove by any provision of the law for the time being in force relating to Civil Procedure1..—This
section shall not enable any person to give evidence of a fact which he is disentitled to prove by any
provision of the law for the time being in force relating to Civil Procedure1." Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At
A’s trial the following facts are in issue:— A’s beating B with the club; A’s causing B’s death by such
beating; A’s intention to cause B’s death.

(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case,
a bond on which he relies. This section does not enable him to produce the bond or prove its contents at
a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by
the Code of Civil Procedure.

 SECTION 120 OF INDIAN EVIDENCE ACT

Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.—In
all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be
competent witnesses. In criminal proceedings against any person, the husband or wife of such
person, respectively, shall be a competent witness.
 CANCELATION OF BAIL

 Under Indian criminal law, there is a provision for anticipatory bail under Section 438(1) of
the Criminal Procedure Code. Law Commission of India in its 41st report recommended to
incorporate this provision in procedure code This provision allows a person to seek bail in
anticipation of an arrest on accusation of having committed a non-bailable offence.[2]

 On filing anticipatory bail, the opposing party is notified about the bail application and the
opposition can then contest the bail application in court (public prosecutor can also be used to do
this).

 Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
It is only issued by the Sessions Court and High Court.

 When any person apprehends that there is a move to get him arrested on false or trumped-up charges,
or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has
the right to move the court of Session or the High Court under section 438(1) of the code of Criminal
Procedure for grant of bail in the event of his arrest for a cognizable or non-cognizable offence, and
the court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Anticipatory bail can be granted by [Sessions Court] and High Court.
 The High Court or the court of session may include such conditions in the light of the facts
of the particular case, as it may think fit, including.

 a condition that the person shall make himself available for interrogation by the police officer
as and when required;

 a condition that the person shall not, directly or indirectly, make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;

 a condition that the person shall not leave India without the previous permission of the court.
 If such person is thereafter arrested, and is prepared either at the time of arrest or at and
the magistrate taking cognizance of such offence decides that warrant should be issued
against that person, he shall issue a bailable warrant in conformity with the direction of the
court granting anticipatory bail . Supreme Court while dealing the case of Sidhram Mhetre,
held certain conditions imposed by High Court to be not required & contrary to provisions of
anticipatory bail.

 The applicant must show by disclosing special facts and events that he or she has reason
to believe, that he or she may be arrested for a non-bailable offence so that the court may
take care to specify the offence or offences in respect of which alone the order will be
effective and it is not a blanket order covering all other offences.


An accused is free on bail as long as the same is not cancelled. The High Court or Court of
Session may direct that any person who has been released on bail be arrested and commit
him to custody on an application moved by the complainant or the prosecution.
SUO MOTO

 Suo Moto, meaning "on its own motion" is an Indian legal term, approximately equivalent
to the English term SuaSponte. ... Certain instructions have been drawn up by the
Government to make sure that the public departments/ministries make Suo Motu disclosure
of information.

INVESTIGATION UNDER CRPC

 An investigation is an important segment of criminal procedure. The first step after a crime is
committed or information received by a police officer about the commission of an offence is
“investigation.”

 The purpose is to identify the offender and proceed him for trial so as to serve him with punishment
as per the provisions of the Code.

 Section 156 of the Code of Criminal Procedure confers powers on police officers to investigate
cognizable cases. In Non Cognizable cases, the police officer has no authority to investigate without
warrant and has to obtain a warrant under

 Section 155 (2) of the Code. The term “investigation” has been defined in section 2(h) of the Code.
Chapter XII (Sections 154 to 176) of the Code deals with information to police and their powers to
investigate.

 The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure,
Investigation includes all the proceedings under this Code for the collection of evidence conducted
by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in
this behalf.

 The investigation of an offence consists of:

 Proceeding to the spot.
 Ascertainment of facts and circumstances of the case.
 Discovery and arrest of the suspect.
 Collection of evidence which may include:
o Examination of persons concerned and reducing their statement to writing.
o Search and seizure of places and things respectively considered necessary.
 Formation of opinion as to whether there is a case for trial, and taking necessary steps accordingly.
 Procedure of Investigation

 Section 157 of the Code lays down the procedure of investigation to be followed
by the police, for collection of evidence.

 The investigation of a cognizable case begins when a police officer in charge of a

police station has reason to suspect the commission of a cognizable offence on
the basis of FIR or any other information so received. It requires that prompt
intimation of the FIR be sent to the Magistrate.

 The officer shall then proceed in person to the spot for investigation of facts and
circumstances, or shall depute one of his subordinate officers for the same, and
if required, measures for the discovery and arrest of the person shall be taken.

 When the information received by the police officer is not of serious nature, the
officer need not proceed in person or depute some subordinate officer to
investigate on the spot.

 And if no sufficient ground exists for entering on an investigation, he shall not

investigate the case. And shall state in its report for not complying with the
requirements of this section, and notify the informant that he will not investigate
the case or cause it to be investigated.
THE INDIAN PENAL CODE

SECTION 337:- Causing hurt by act endangering life or personal safety of others.—
Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or
the personal safety of others, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 170 in The Motor Vehicles Act, 1988

Impleading insurer in certain cases.—Where in the course of any inquiry, the Claims Tribunal is satisfied
that-
(a) there is collusion between the person making the claim and the person against whom the claim is made,
OR
(b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be
recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as
a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the
provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the
grounds that are available to the person against whom the claim has been made.

Section 468 of IPC

468:- Forgery for purpose of cheating.—
Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used
for the purpose of cheating, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

465. Punishment for forgery.—

Whoever commits forgery shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.

471. Using as genuine a forged 1[document or electronic record].—

Whoever fraudulently or dishonestly uses as genuine any document or electronic record] which he
knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in
the same manner as if he had forged such 1[document or electronic record.

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the
husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished
with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.-For the purpose of this section, “cruelty” means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.
395. Punishment for dacoity.—Whoever commits dacoity shall be punished with 1 imprisonment for
life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable
to fine.

504. Intentional insult with intent to provoke breach of the peace.—

Whoever-intentionally insults, and thereby gives provocation to any person, intending or knowing it to
be likely that such provocation will cause him to break the public peace, or to commit any other
offence, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

491 Breach of contract to attend on and supply wants of helpless person.—Whoever, being bound by a
lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of
unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his
own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with
imprisonment of either description for a term which may extend to three months, or with fine which
may extend to two hundred rupees, or with both.

144. Joining unlawful assembly armed with deadly weapon.—Whoever, being armed with any deadly
weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of
an unlawful assembly, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

199. False statement made in declaration which is by law receivable as evidence.—Whoever, in any
declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or
other person, is bound or authorised by law to receive as evidence of any fact, makes any statement
which is false, and which he either knows or believes to be false or does not believe to be true,
touching any point material to the object for which the declaration is made or used, shall be punished
in the same manner as if he gave false evidence.

200. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence. Explanation.—A declaration which is inadmissible
merely upon the ground of some informality, is a declaration within the meaning of sections 199 to
200.
326. Voluntarily causing grievous hurt by dangerous weapons or means—Whoever, except in the
case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause
death, or by means of fire or any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any
animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine. 89

148. Rioting, armed with deadly weapon.—Whoever is guilty of rioting, being armed with a deadly
weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be
punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.

120B. Punishment of criminal conspiracy.—

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,
[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no
express provision is made in this Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence
punishable as aforesaid shall be punished with imprisonment of either description for a term not
exceeding six months, or with fine or with both.

Section 18 in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989
18. Section 438 of the Code not to apply to persons committing an offence under the Act.—Nothing in
section 438 of the Code shall apply in relation to any case involving the arrest of any person on an
accusation of having committed an offence under this Act.
 OBSERVATION

During the course of my internship, I developed an understanding of the work of a lawyer and proceedings in
a court.

There is a large difference between theoretical knowledge and practical application of the same theoretical
knowledge.

In college, I read only laws and a few landmark cases related to particular law, but during internship I
understood the practical application of those laws and how the landmark judgments can be used to build up a
strong case.

 Firstly, we have to deal with the clients.

 Listening to their problems and analyzing the problems.

 We have to give proper and fair advice to them and how their problems can be resolved. According to
their problems, we have to analyse the case whether it is a civil or criminal.

 Then we have to find the law and its particular section under which a petition can be filed in the
appropriate court. Then there is a systematic process of drafting of the case and procedure to file the
petition. If petition is accepted, then we get a particular date for the case.

 Next on the given date, we have to argue and strongly present our case including all the evidences and
witnesses.

 Few times either the judge, either party or a witness is absent, so we get another. The argument
continues on the given date and the process continues till the judge hears the argument of both the
parties and delivers his/her final verdict.
 This procedure is a complex one. Sometimes our client is Plaintiff, sometimes the client is defendant.
Client can also be cross examined by opposite party.

 We have to be ready for questions of opposition party counteract their arguments in the best possible
way.

 We have to be ready for each and every situation according to our case and protect our client in the
best possible way.
 CONCLUSION

 In conclusion, my internship Under Advocate was An Outstanding experience.

 I got deep and inspiring insight in the work at court.

 I tried my level best to gain more and more knowledge in this period.

 I was not satisfied with my shorter period and interested to gain more knowledge, If I get some more
time in future.

 During my internship, I understood the functioning of a law and proceedings take place in courts in
our country.

 There exists a systematic procedure to file a petition, if petition is accepted, there is argument stage
before judge delivers his/her verdict.

 In short, I can conclude that I understood the basic functioning of judicial system of our country.
 REFARENCE

1 DR.J.N.PANDEY, THE CONSTITUIONAL LAW OF INDIA -49THEDITION

2 RATANLAL AND DHIRAJLAL,THE INDIAN PENAL CODE 1860-30THEDITION

3 RATANLAL AND DHIRAJLAL,THE CRIMINAL PROCIDURE CODE ,1973 19 THEDITION

4 D.D BASU,INTRODUCTION OF CONSTITUION OF INDIA -21STEDITION

5 DR.B.L.WADEHRA ,PUBLIC INTRST LITIGATION 1996-2NDEDITION