AMITY UNIVERSITY MADHYA PRADESH

AMITY LAW SCHOOL

SUMMER INTERNSHIP PROGRAM REPORT

2021-2026

Under The Guidance Of:

HIGH COURT MADHYA PRADESH( BENCH AT GWALIOR)

Submitted By: Submitted To:

Asmi Khan Dr. Surbhi Tiwari
BALLB (HONS.) (Asst. Professor, ALS)
7thSem, Sec-B
ENROLLMENT NO. A61011121073
 INDEX

S.NO SUBJECT PAGE NO.

1. Preface 1

2. Acknowledgement 2

3. Certificate 3

4. List of Abbreviations 4

5. Brief about the Organization 5

6. Brief about the report submitted 6

7. General Observation about the functioning of the 7

Organization

8. Your Experience during the Training 8

9. Weekly Report-1 9-14

10. Weekly Report-2 15-19

11. Weekly Report-3 20-23

12. Weekly Report-4 24-27

13. Weekly Report-5 28-32

14. Case Law-1 29-31

15. Case Law-1 32-34

16. Conclusion 35
 PREFACE

This report is an outcome of the Internship Training Programme of Amity Law School, Amity
University for the students of 5th semester. The main constituents of the project are the report
of my work at HIGH COURT OF MADHYA PRADESH (BENCH AT GWALIOR)
during the internship, the research on related issues and the weekly report of my work. I have
tried my best to do justice with my activities and put it in black and white with the same
effort as I did it during the internship.

Date- Name &Signature of

Trainee

1
 ACKNOWLEDGEMENT

Any attempt at any level cannot be satisfactorily completed without the support and guidance
of learned people. My project work is a result of something more than hard work and
dedication. It is a true outcome of encouragement, support and guidance and constructive
criticism of different people that I acknowledge with immense pleasure. I would like to
express my gratitude to all those who made the completion of this project a reality. I dedicate
my gratitude to Amity Law School, Gwalior for giving me permission to commence this
project work, to do the necessary research work. I gratefully acknowledge my deepest sense
of gratitude to my revered and intellectual guide, HON’BLE SHRI ANAND PATHAK, who
provided me with all necessary suggestions and guiding me throughout my internship period.

I thank my parents for always being on my side throughout this time period and providing
me with all kind of emotional and financial support.

2
CERTIFICATE

3
 List of Abbreviation

IPC Indian Penal Code

CrPC Code of Criminal Procedure

CPC Code of Civil Procedure

NI ACT Negotiable Instrument Act

POCSO Protection of Children from Sexual Offennces

Sec Section

r/w Read With

vs Versus

4
 Brief About the Organization

The Madhya Pradesh High Court offers an internship program aimed at providing law students with
practical exposure to the judicial system. Interns get an opportunity to work closely with judges,
observe court proceedings, and assist in legal research. The program is typically open to students
pursuing their LLB or equivalent law degrees.

Internship slots are usually limited, and selection is based on academic performance and relevant legal
interest. Interns gain insights into courtroom processes, case management, and the intricacies of civil,
criminal, and constitutional law. They may also engage in discussions and workshops led by judicial
officers.

The internship program helps aspiring legal professionals enhance their research, analytical, and
drafting skills while understanding the functioning of the judiciary

5
 Brief about the Report Submitted

The internship report submitted for the Madhya Pradesh High Court highlights the experiences and
learnings during the tenure at the court. It provides an overview of the legal procedures observed, cases
studied, and the practical knowledge gained about the judicial system. The report outlines key tasks,
such as assisting in legal research, drafting case briefs, and observing courtroom proceedings.
Additionally, it reflects on the interaction with judges, advocates, and court staff, enhancing
understanding of litigation processes, case laws, and the functioning of the judiciary. The report
concludes with insights on the significance of legal internships in shaping a student's career in law.

6
 General Observation about the Functioning of the Organization

The functioning of the Madhya Pradesh High Court, like any other judicial institution, is
characterized by its commitment to the administration of justice, adherence to legal
procedures, and safeguarding of constitutional rights. As an intern, observe that the court
operates through a hierarchical system, with judges, lawyers, and clerical staff working in
coordination to ensure the smooth processing of cases. The court follows a strict schedule for
hearings, and legal documentation plays a critical role in decision-making. The interns may
get exposure to various legal processes, from drafting to case analysis, and witness the real-
world application of laws in a formal judicial setting. The environment emphasizes
discipline, respect for legal ethics, and attention to detail, as these are essential in ensuring
impartial and timely justice

7
 Your Experience During the Training

During my internship at the Madhya Pradesh High Court, I gained valuable insight into the functioning
of the judiciary and the legal process. The experience allowed me to observe court proceedings,
witness the application of legal principles in practice, and engage with seasoned advocates and judges.

My daily routine involved attending court sessions, where I observed various cases, including civil,
criminal, and constitutional matters. This provided me with an understanding of how arguments are
presented, the importance of evidence, and how judicial officers interpret laws to render decisions. I
also had access to case files, which helped me grasp the procedural aspects, such as drafting pleadings,
petitions, and affidavits.

A significant part of the experience was working with senior advocates, who mentored me on handling
complex legal issues. I also conducted legal research, where I was responsible for identifying relevant
case laws, statutes, and precedents to support arguments in different cases.

Additionally, I participated in discussions with judges and legal experts, who shared their insights on
contemporary legal challenges and the judiciary’s role in addressing them. These interactions
broadened my understanding of India’s legal system.

Overall, the internship at the Madhya Pradesh High Court greatly enriched my legal knowledge and
honed my practical skills, making it an invaluable experience for my future legal career.

8
 Weekly Report

Week - 1

S. DATE DAY WORK DONE DESCRIPTION OF WORK (In Detail)

NO AT
COURT/OFFICE
1. 10/07/24 WEDNESDAY APPOINTMENT On my first day of the internship, I was
OF ARBITRATOR introduced to my seniors and learned about
Section 11 of the Arbitration and
Conciliation Act.
Arbitrator Eligibility: Any person can be
an arbitrator unless parties decide
otherwise.
Appointment Procedure: Parties can set
their own process. In cases with three
arbitrators, each party selects one, and
those two appoint a presiding arbitrator.
Judicial Involvement: Courts appoint
arbitrators if parties fail to do so.
Independence and Impartiality:
Arbitrators must disclose to ensure
impartiality.
International Arbitrations: Arbitrators
can be of different nationalities.
Timelines and Fees: Appointments must
be made within 30 days, and fees are set
by the arbitral institution.

2. 11/07/24 THURSDAY BAIL Bail allows an accused person to be

released from custody while awaiting trial
under specific conditions, governed by the
Criminal Procedure Code (CrPC) in India.

Types of Bail:
- Bailable Offenses: The accused has the
right to bail.
-Non-Bailable Offenses: Bail is not
guaranteed and depends on the court's
discretion.

Relevant CrPC Sections:

- Section 436: Bail for bailable offenses.
- Section 437: Conditions for bail in non-

9
 bailable offenses.
- Section 438: Anticipatory bail.

Conditions for Bail:

- The accused should not be a flight risk or
able to tamper with evidence. The severity
of the offense is also considered.

Judicial Discretion:
Courts can grant or deny bail based on the
case's specifics.

Importance:
- Upholds the presumption of innocence.
- Reduces overcrowding in jails.
- Allows fair preparation for trial.

3. 12/07/2 FRIDAY TIP SECTION 9 Purpose: The primary aim is to determine

4 OF INDIAN whether a witness can accurately identify a
EVIDENCE ACT
suspect from a group, which is crucial for
supporting eyewitness testimony.

Procedure: In the parade, the witness is

presented with a lineup that includes both
the suspect and individuals resembling the
suspect. The witness is then asked to
identify the person they believe committed
the crime.

Legal Relevance: Witness identification is

deemed relevant evidence under Section 9
and can heavily influence the court’s
evaluation of the case.

Admissibility: While TIP-based

identification can back a witness’s
testimony, it must be conducted fairly. If
deemed suggestive or flawed, it may be

10
 challenged in court.

Judicial Precedents: Courts examine

factors such as the time between the crime
and the identification, police involvement,
and whether any coaching or suggestive
actions occurred.

4. 15/07/24 MONDAY ONE STOP A One Stop Centre (OSC) is a facility

CETRE designed to provide comprehensive
services and support to individuals facing
specific challenges, often related to issues
like domestic violence, legal aid, or social
welfare. Here are some key aspects:

Integrated Services: OSCs offer a range

of services under one roof, including legal
assistance, counseling, medical care, and
shelter.

Target Population: They primarily focus

on vulnerable groups, such as women,
children, and victims of domestic
violence or abuse.

Accessibility: The goal is to create a

convenient and accessible environment
where individuals can receive multiple
forms of support without needing to visit
different agencies.

Confidentiality: Services are typically

provided with a focus on confidentiality
and sensitivity to the needs of those
seeking help.

Collaboration: OSCs often involve

collaboration between government
agencies, NGOs, and community
organizations to ensure a holistic
approach to support.

11
5. 16/07/24 TUESDAY SECTION 125 Meaning:
CRPC Section 125 provides a legal framework for
individuals who are unable to maintain
themselves, allowing them to seek
maintenance from their spouses, children,
or parents. This provision is designed to
ensure that those in need can secure
financial support.

Key Points:
Eligibility: A wife, minor child, or
elderly/disabled parent can claim
maintenance.
Conditions: The applicant must prove that
they are unable to maintain themselves and
that the respondent has the means to
provide support.
Order of Maintenance: The court can order
the respondent to pay a specified amount
for maintenance.
Enforceability: If the maintenance order is
not complied with, the court can take legal
action to enforce it.

Importance:
Protection of Rights: It safeguards the
rights of vulnerable individuals, ensuring
they receive necessary support.
Legal Recourse: Provides a structured
process for claiming maintenance,
promoting justice and equity.

12
WEEK -2

S.No. DATE DAY WORK DONE DESCRIPTION OF WORK (In Detail)

AT
COURT/OFFICE

13
1. 17/07/24 WEDNESDAY NGT NGT The NGT, or National Green
Tribunal, is a specialized judicial body in
India established to handle environmental
disputes and ensure the enforcement of
environmental laws. Here are some key
points about the NGT:

Establishment: The NGT was established

in 2010 under the National Green Tribunal
Act, 2010.

Purpose: Its primary purpose is to provide

a speedy and effective resolution of
environmental issues, including matters
related to pollution, conservation of
forests, and biodiversity.

Jurisdiction: The tribunal has the

authority to hear cases related to the
enforcement of various environmental
laws, such as the Water (Prevention and
Control of Pollution) Act and the Air
(Prevention and Control of Pollution) Act.

Composition: The NGT is composed of a

chairperson and other members, including
judicial and expert members with
expertise in environmental matters.

Speedy Justice: The NGT aims to dispose

of cases more quickly than traditional
courts, emphasizing swift justice in
environmental matters.

Appeals: Decisions made by the NGT can

be appealed to the Supreme Court of
India.

The NGT plays a crucial role in

addressing environmental concerns and
promoting sustainable development in
India.
2. 18/07/24 THURSDAY OCULAR Meaning of Ocular Evidence:
EVIDENCE
Ocular evidence refers to information or
proof derived from visual observation.

14
 This can include anything seen directly
by an observer, such as physical objects,
scenes, or even behaviors. In legal and
forensic contexts, it can involve
observations made at a crime scene,
images captured by cameras, or other
visual materials.

Importance of Ocular Evidence:

Credibility: Ocular evidence can provide

direct proof of events, making it a critical
component in investigations and legal
proceedings.

Corroboration: It often supports other

types of evidence, helping to build a
stronger case.

Immediacy: Visual observations can offer

immediate insights into a situation,
allowing for quick assessments and
responses.

Documentation: Photographs and video

can serve as lasting records of conditions
or events, which can be referenced later
in court or investigations.

Public Perception: Ocular evidence can

shape public opinion .
3. 19/07/23 FRIDAY SECTION 13 Section 13 of the Hindu Marriage Act,
1955 outlines the grounds for divorce for
HMA
Hindus. Here’s a brief overview:

Key Provisions:
Grounds for Divorce:

Adultery: If one spouse has had voluntary

sexual intercourse with another person.
Cruelty: Physical or mental cruelty
inflicted by one spouse on the other.
Desertion: When one spouse has deserted
the other for a continuous period of two
years or more.
Conversion: If one spouse converts to

15
 another religion.
Mental Disorder: If one spouse suffers
from a mental disorder that makes them
unfit for marriage.
Incurable Disease: If one spouse is
suffering from a communicable disease
that is incurable.
Renunciation: If one spouse renounces
the world and enters a religious order.
Divorce by Mutual Consent: In addition
to the grounds mentioned, Section 13B of
the Act allows for divorce by mutual
consent, where both parties agree to the
divorce.

Importance:
Legal Framework: It provides a clear
legal basis for obtaining a divorce,
ensuring that individuals can seek relief
under specified conditions.
Protection of Rights: It aims to protect the
rights and dignity of individuals within a
marriage, addressing issues of cruelty,
abandonment, and infidelity.
4. 22/07/24 MONAY CDR A Call Detail Report (CDR) plays a vital
role in court proceedings for several
reasons:
Proof of Communication: CDRs offer a
detailed log of calls, including the date,
time, duration, and participants, serving as
solid evidence of communication pertinent
to the case.
Timeline Establishment: They assist in
constructing timelines of events, enabling
courts to verify alibis, track movements, or
validate claims made by the parties
involved.
Supporting or Disputing Testimony:
CDRs can either reinforce or challenge
witness testimonies, aiding the court in
evaluating the accuracy and credibility of
statements.
Identifying Relationships: They can
disclose connections between individuals,
which may be significant in cases of
conspiracy, harassment, or fraud.

16
 Location Tracking: Paired with other
data, CDRs can help pinpoint an
individual’s location at specific times,
which is often crucial in criminal
investigations. Uncovering Fraud: In
financial disputes, CDRs can highlight
unauthorized or suspicious
communications, providing evidence for
claims of fraud or misconduct.

27. How much of information received

5. 23/07/24 TUESDAY SECTION 27
from accused may be proved.—Provided
INDIAN that, when any fact is deposed to as
discovered in consequence of information
EVIDENCE received from a person accused of any
ACT offence, in the custody of a police officer,
so much of such information, whether it
amounts to a confession or not, as relates
distinctly to the fact thereby discovered,
may be proved.

17
WEEK -3

S.No. DATE DAY WORK DONE AT DESCRIPTION OF WORK (In Detail)

COURT/ OFFICE
1. 24/07/24 WEDNEDAY SECTION 9 OF Section 9 of the Guardians and Wards
GUARDIAN AND Act, 1890 governs the appointment of a
WARDS ACT guardian for a minor’s person and
property.
Key Provisions
Guardian of the Person: This section
empowers the court to appoint a guardian
for a minor if it is considered necessary
for the child’s well-being.
Welfare of the Minor: The primary factor
in selecting a guardian is the welfare of
the child, considering aspects like
emotional and physical health.
Application for Guardianship: Relatives
or other interested individuals may apply
to the court to become a guardian.
Court’s Discretion: The court has the
authority to appoint a guardian based on
the evidence and circumstances of the
case.
Importance:
Protection of Minors: The provision
ensures that minors are placed in the care
of responsible individuals, prioritizing
their welfare.
Legal Framework: It provides a
structured legal process for appointing
guardians, particularly when parents are
unable to care for the child.

18
2. 25/07/24 TUESDAY DYING In Section 32 (1) of Indian Evidence Act
DECLARATION defines when the statement is made by
the person as the cause of his death, or as
any of the circumstances of the
transaction which resulted in his loss of
life, in cases in which the cause of that
person’s death comes into question. Such
statements made by the person are
relevant whether the person who made
them was alive or was not, at the time
when they were made, under the
expectation of death, and whatever may
be the nature of the proceeding in which
the cause of his death comes into
question.
The statement made by the deceased
person will be treated as Evidence and
Admissible in a Court of law. The reason
behind this can be followed by Latin
maxim Nemo Mariturus Presumuntur
Mentri which means that “Man Will Not
Meet His Maker With Lying On His
Mouth. More precisely in our Indian law,
it is the fact that the dying man can never
lie or Truth sits on the lips of dying man.
Hence, the Dying Declaration is
Admissible and considered as Evidence
in Court, and can be used as a weapon to
punish the culprit.

3. 26/07/24 MONDAY HOLIDAY DUE TO JANMASHTAMI

19
4. 27/07/24 TUESDAY SECTION 311 311. Power to summon material witness,
or examine person present. Any Court
CRPC
may, at any stage of any inquiry, trial or
other proceeding under this Code,
summon any person as a witness, or
examine any person in attendance,
though not summoned as a witness, or.
Recall and re- examine any person
already examined; and the Court shall
summon and examine or recall and re-
examine any such person if his evidence
appears to it to be essential to the just
decision of the case.

5. 28/07/24 WEDESDAY SECTION 7 AND 8 Section 7. Sexual assault.

OF POCSO Whoever, with sexual intent touches the
vagina, penis, anus or breast of the child
or makes the child touch the vagina,
penis, anus or breast of such person or
any other person, or does any other act
with sexual intent which involves
physical contact without penetration is
said to commit sexual assault.
Section 8. Punishment for sexual
assault.
Whoever, commits sexual assault, shall
be punished with imprisonment of either
description for a term which shall not be
less than three years but which may
extend to five years, and shall also be
liable to fine.

20
21
WEEK -4

S.No. DATE DAY WORK DONE DESCRIPTION OF WORK ( In Detail)

AT COURT/
OFFICE
1. 29/07/24 THURSDA BONE TEST A bone age test, also known as a skeletal age
Y study, is an X-ray that measures a child's
skeletal maturity. It's a safe and painless
procedure that involves taking an X-ray of the
child's hand, wrist, and fingers. The X-ray is
then compared to a standard atlas of bone
development to determine the child's bone age
in years.
A bone age test can help doctors:
 Evaluate how fast or slowly a child's
skeleton is maturing
 Diagnose conditions that affect growth
and development
 Predict how much time a child will
continue to grow

2. 30/07/24 FRIDAY INTERIM BAIL Interim Bail is a temporary bail granted by the
Court during the pendency of any application
or until your Anticipatory Bail or Regular Bail
application is pending before the Court. It will
be granted on certain conditions that are
needed to be met. The interim bail can be
extended, but if the period of interim bail
expires and the accused person fails to pay the
court for confirmation and/or continuation of
the interim bail, the accused person’s freedom
will be revoked, and he will be taken into
custody or a warrant will be issued against
him.

Interim Bail has the following essentials:

•It is granted for a short period of time.

•It is granted when an application of

Anticipatory Bail or regular bail is pending in

22
 Court.

•Once the time period for Bail is over, the

accused will be arrested without a warrant.

•There is no specific process of cancelling of

Interim Bail.

3. 2/08/24 MONDAY ARTICLE 309 Article 309 of the Indian Constitution pertains to
the regulation of the recruitment and conditions
of service of persons serving in connection with
the affairs of the Union or of the States. Here’s a
brief overview:

Key Provisions:
Power to Make Laws: Article 309 empowers
Parliament and State Legislatures to make laws
regarding the recruitment and conditions of
service for employees in public service.

Application: It applies to both Union and State

services, enabling the establishment of rules for
the recruitment process, promotions, and other
service conditions.

Flexibility: The article allows for flexibility in

governance, enabling the government to adapt
rules according to changing needs and
circumstances.

Importance:
Administrative Efficiency: Ensures a structured
and regulated approach to recruitment, which is
essential for maintaining efficiency in public
administration.
Legal Framework: Provides a constitutional
basis for laws related to service conditions,
enhancing transparency and accountability

23
4. 05/08/24 MONDAY SECTION Section 304B of the Indian Penal Code (IPC)
304 B IPC deals with dowry death. It provides for
punishment in cases where the death of a woman
is caused by burns or bodily injury, or occurs
under abnormal circumstances within seven years
of her marriage, and it is shown that she was
subjected to cruelty or harassment by her husband
or his relatives concerning demands for dowry.
The key elements of Section 304B IPC are:
 Death of a woman must have occurred due
to burns, bodily injury, or under other
unnatural circumstances.
 Within seven years of marriage.
 The woman must have been subjected to
cruelty or harassment by her husband or
his relatives.
 The cruelty or harassment must be in
connection with a demand for dowry.
 Such cruelty or harassment must have
occurred soon before her death.
 The punishment under this section is
imprisonment for a term not less than
seven years, but which may extend to life
imprisonment.

24
5. 06/08/24 TUESDAY SECTION 3 Section 3 of the Scheduled Castes and the
OF SC AND Scheduled Tribes (Prevention of Atrocities)
ST ACT Act, 1989 outlines the definitions of specific
offenses and acts that are considered
atrocities against members of Scheduled
Castes (SC) and Scheduled Tribes (ST).

Key Provisions:
Definition of Atrocities: Section 3 lists
various acts that constitute atrocities against
SC/ST individuals, including:

Insult or humiliation: Any act that humiliates

or insults an individual based on their caste
or tribe.
Social and economic exploitation: Practices
that exploit SC/ST individuals, including
preventing them from accessing resources or
services.
Physical violence: Acts of violence,
including assault, rape, or any form of
physical harm.
Forced labor: Compelling SC/ST individuals
to engage in labor without fair compensation.
Intent and Context: The offenses described in
this section emphasize the intent to
humiliate, exploit, or cause harm to SC/ST
individuals, reflecting the broader aim of
protecting these communities from
discrimination and violence.

25
Week-5

S.NO. DATE DAY WORK DONE AT DESCRIPTION OF WORK (IN

COURT DETAIL)
1. 07/08/24 WEDNESDA SECTION Section 129 of the Madhya
Y 129MPLRC Pradesh Land Revenue Code
(MPLRC) deals with the powers
of the Revenue Officers
regarding the management and
control of land revenue
assessments and related matters.
Here’s a brief overview:

Key Provisions:
Powers of Revenue Officers:
This section grants revenue
officers the authority to oversee
the assessment and collection of
land revenue. They can take
necessary actions to ensure
compliance with the revenue
laws.

Enforcement of Revenue Laws:

It empowers officers to enforce
provisions related to land
revenue, ensuring that
assessments are carried out
fairly and according to the law.

Inspection and Inquiry:

Revenue officers may conduct
inspections and inquiries related
to land revenue matters,
ensuring transparency and
accountability in the assessment
process.

Importance:
Efficient Revenue Management:
This provision is crucial for the
efficient management of land
revenue, which is vital for state
finances.
Legal Authority: It provides a
legal framework for revenue
26
 officers to perform their duties
effectively, helping to maintain
order and compliance in land
revenue matters.
2. 08/08/24 THURSDAY SECTION 354 IPC Assault or criminal force to
woman with intent to outrage
her modesty.—Whoever
assaults or uses criminal force
to any woman, intending to
outrage or knowing it to be
likely that he will thereby
outrage her modesty, shall be
punished with impris-onment of
either description for a term
which may extend to two years,
or with fine, or with both.

3. 09/08/24 FRIDAY OLD AND NEW The evolution of criminal law

CRIMINAL LAW really shows how society’s
values and norms have shifted
over time. Let’s break it down:
Old Criminal Law
CrPC 1898: This was rolled out
during British rule. It didn’t do
much to protect the rights of the
accused and was more about
following strict procedures
rather than caring about human
rights.
IPC 1860: Also a British
creation, the IPC had harsh
punishments and a bit of a
“colonial vibe” where
controlling people was the
priority, not really reforming
them.
Colonial Attitude: The goal was
to keep order in the colony, not
necessarily to be fair. So,
individual rights weren’t a big
deal, and marginalized groups
didn’t get much attention.
New Criminal Law
Revised CrPC (1973): Major

27
upgrades here! This version
brought in stronger safeguards,
making sure accused people get
a fair trial and proper legal
representation.
IPC Updates: Constant tweaks
are made to keep up with
modern crimes like cybercrime,
terrorism, and addressing issues
like gender-based violence.
Focus on Human Rights: The
new laws really put human
rights front and center, trying to
stop abuses of power. Plus,
there’s more attention on the
victims and approaches that aim
for rehabilitation.
Special Laws: Now, we’ve got
laws tailored to specific societal
problems—think the Domestic
Violence Act, Juvenile Justice
Act, and laws to protect
marginalized communities like
the SC/ST (Prevention of
Atrocities) Act.
In a nutshell: India’s criminal
laws have transformed from
rigid, colonial rules focused on
punishment, to more humane,
rights-based laws. Today, it’s
more about finding a balance
between keeping society safe
and protecting individual rights,
with a focus on justice and
rehabilitation.

28
4. 12/08/24 MONDAY SECTION101 NSS Power to compel restoration of
abducted females.

101. Upon complaint made on

oath of the abduction or
unlawful detention of a
woman, or a female child for
any unlawful purpose, a District
Magistrate, Sub-divisional
Magistrate or Magistrate of the
first class may make an order
for the immediate restoration
of such woman to her liberty, or
of such female child to her
parent, guardian or other person
having the lawful charge of such
child, and may compel
compliance with such order,
using
such force as may be necessary.
5. 13/08/24 TUESDAY FREE FIGHT The term "free fight" typically
refers to situations involving
physical altercations or brawls
without rules. Under the Indian
Penal Code (IPC), such fights
can be assessed under various
sections, particularly those
addressing assault and related
offenses. Here are some relevant
aspects:

Key Provisions in IPC Related

to Free Fights:
Section 352 - Punishment for
Assault:

Defines assault and prescribes

punishment for those who use
force or threaten to use force
against another person.
Section 325 - Punishment for
Causing Grievous Hurt:

Deals with causing serious

injury to another person
intentionally, which can occur

29
in the context of a free fight.
Section 326 - Voluntarily
Causing Grievous Hurt by
Dangerous Weapons:

Involves causing serious injury

using weapons, which can
escalate a free fight into a more
serious offense.
Section 34 - Acts Done by
Several Persons in Furtherance
of Common Intention:

Applies when multiple

individuals participate in a fight,
indicating shared responsibility
for actions taken during the
altercation.
Legal Implications:
Self-Defense: In some cases,
individuals may claim self-
defense if they were provoked
during a free fight, but the
response must be proportionate
to the threat faced.
Legal Consequences:
Participants in a free fight may
face charges ranging from
simple assault to more serious
charges based on the injuries
inflicted.

30
 CASE LAW -1

MISC. CRIMINAL CASE No. 32934 of 2024

ROHIT @ VINAY PRATAP S/O SHRI MAHENDRA SINGH THAKUR, AGED

ABOUT 21 YEARS, OCCUPATION: MAZDOORI, R/O VILLAGE NAYAGAON
POLICE STATION AMOLA DISTRICT SHIVPURI (MADHYA PRADESH)
…..APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH TOWN INSPECTOR, POLICE

STATION AMOLA DISTRICT SHIVPURI (MADHYA PRADESH)
…..RESPONDENTS

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant
as he has been arrested on 31.05.2023 in connection with Crime No.100/2023 registered at
Police Station Amola, District Shivpuri (M.P.) for commission of offence punishable under
Sections 376(2)(n), 506 of IPC, Section 5L/6 of POCSO Act and Sections 3(1)(w)(i),
3(2)(va), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act.

Prosecution case, in brief, is that complainant/prosecutrix aged about 117 years, who is a
member of SC/ST community, had gone to her maternal house at village Nayagaon, Police
Station Amola, District Shivpuri. On 10.09.2022 at about 19:30 hours, when she was
returning after answering nature’s call, applicant knowing the fact that she is a member of

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SC/ST community, caught hold her from behind and forcefully took her to a hut situated
nearby and committed sexual intercourse with her. Thereafter, he threatened the prosecutrix
to defame and kill her, called her and committed rape repeatedly. On 18.04.2023 also, the
applicant threatened the prosecutrix and called her at his house and again committed rape
upon her.

Learned counsel for the applicant submits that the prosecutrix in her statement recorded
under Section 164 of CrPC herself stated that her date of birth is 25.12.2005, according to
which, she is 18 years old. As per prosecutioin case itself, incident took place between
10.09.2022 to 18.04.2023 and FIR was lodged on 20.05.2023 without any explanation for
the delay. Investigation has been completed and charge-sheet has been filed. Trial will take
time to conclude, therefore, the applicant, who is in custody since 31.05.2023, is entitled for
grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits
that as per school register, prosecutrix’s date of birth is 25.12.2006 and she was minor at
the time of incident. Due to the threats given by the applicant, prosecutrix could not report the
matter to the police. Offences allegd against him are serious in nature, therefore, he is not
entitled for bail.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for
the applicant, delay caused in lodging the FIR and the fact that investigation has been
completed and charge-sheet has been filed, so also the other facts and circumstances of the
case, without expressing any opinion on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to
the satisfaction of the concerned Court for his appearance before the Trial Court on all such
dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is
Further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P.C.

This application is allowed and stands disposed of.

CASE LAW -2
MISCELLANEOUS CRIMINAL CASE No. 32391 of 2023
HARIOM @ HALKE S/O SHRI KAMAL SINGH, CASTE SAHU, AGED 38 YEARS,
OCCUPATION: MAJDOORI, R/O SAHU MOHALLA SHANKARPUR MAGARDA
ASHOKNAGAR THANA KOTWALI DISTRICT ASHOKNAGAR (MADHYA
PRADESH) …..APPLICANT
AND
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STATE OF MADHYA PRADESH THROUGH POLICE STATION KOTWALI
ASHOKNAGAR (MADHYA PRADESH) …..RESPONDENTS

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as
he has been arrested on 04.04.2023 in connection with Crime No.212/2023 registered at
Police Station Kotwali Ashoknagar, District Ashoknagar for the offence punishable under
Section 34(2) of the Excise Act.

Prosecution story, in brief, is that on 04.04.2023, the applicant was found having 60 bulk
liters of illicit liquor for the purpose of sell without having any license.
learned counsel for the applicant submits that the applicant has not committed any offence
and he has been falsely implicated in the matter. Nothing has been seized from his
possession. The applicant is in custody since 04.04.2023. His custodial interrogation is not
required. The trial will take time to conclude. In the aforesaid circumstances, applicant is
entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for
its rejection. He submits that applicant has a criminal history and two more criminal cases
were registered against him but he submits that none of them is under Excise Act.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the
applicant, nature of allegations alleged against him and also considering the over all facts
and circumstances of the case, without expressing any opinion on the merits of the case, this
court is of the view that the applicant deserves to be enlarged on bail, hence the application
is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to
the satisfaction of the concerned Court for his appearance before the Trial Court on all such
dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is
further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

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CONCLUSION

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Completing my internship at the Madhya Pradesh High Court has been an enriching and
invaluable experience. Over the course of this internship, I gained practical insights into the
functioning of the judicial system, the intricacies of case law, and the importance of legal
research. Observing court proceedings, interacting with legal professionals, and working
under the guidance of esteemed judges has deepened my understanding of both civil and
criminal law.

The exposure to various cases and legal complexities has enhanced my analytical skills,
broadened my knowledge base, and strengthened my ability to apply legal principles in real-
world scenarios. Moreover, the experience has instilled in me a profound respect for the
justice system and the responsibility that comes with the legal profession.

In conclusion, my time at the Madhya Pradesh High Court has not only solidified my interest
in pursuing a career in law but has also equipped me with the practical skills and professional
values essential for my future endeavors. I am grateful for the opportunity and the knowledge
gained, which will undoubtedly shape my legal career moving forward.

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