HOW TO PREPARE A LEGAL MEMORIAL

SWAMI VIVEKANAND SUBHARTI
UNIVERSITY
Moot Court Association,
Faculty of Law, Swami Vivekanand Subharti
University

WHAT IS A MEMORIAL?
 A memorial or memorandum is are the written
submissions made on behalf of the party to the
judges.
 It contains the contentions that are presented into
the court in a written form.
 The memorial follows a universal format.
 Its language is legal and it contains facts and
relevant cases that supports the contentions
drafted.

DRAFT OF MEMORIAL
 Cover page;
 Table of contents;
 Index of authorities;
 List of abbreviations;
 Statement of Jurisdiction;
 Statement of facts;
 Issues Raised
 Summary of Arguments;
 Arguments advanced;
 Prayer;

COVER PAGE
The cover page of each written submission of Memorial must
have the following information:
1. The name of the forum (Court) before which the
proceedings are being conducted;
2. The name of the case;
3. The name of the Parties;
4. The Title of the Memorial (“Memorial submitted on behalf
of the Plaintiff or Petitioner or Appellant” or “Memorial
submitted on behalf of the Defendant or Respondent”).

IN THE HON’BLE HIGH COURT OF JUDICATURE AT
MADRAS
ABC ………………….. Petitioner
versus
XYZ ………… ………. Respondent
Memorial submitted on behalf of the Petitioner/ Respondent

Before
The Honorable Supreme Court of India
New Delhi
CRIMINALAPPELLATE JURISDICTION
In The Matter Of
Section 326A r/w Section 34
And Section 354D Of Indian Penal Code, 1860
STATE…………………………………………………………………….....APPELLANT
v.
RAMESH..................................……………...…….....…………........... .......RESPONDENT
MEMORANDUM ON BEHALF OF THE APPELLANT

TABLE OF CONTENTS
It contains a list of all the main headings that are included in
the memorial, and also mention the page number on every
single page.

TABLE OF CONTENTS
List of Abbreviations………………………………. i
Index of Authorities
Books………………………………………………..ii
List of Cases……………………………………. ….iii
Dictionaries …………………………………………iv
List of Statutes……………………………………….vi
Web links …………………………………………..viii

Statement of Jurisdiction………………………….1
Statement of Facts………………………………..2-5
Statement of Issues ………………………………..6
(i) Issue I
(ii)Issue II ..
Summary of Arguments………………………….7-8
Arguments advanced…………………………….9-15
(i) Contention I
(ii) Contention II ..
Prayer

LIST OF ABBREVIATIONS
 It should contain all the abbreviations used. Each
abbreviation should contains the full meaning. Use
the same abbreviations throughout the memorial.

LIST OF ABBREVIATIONS
 All. : Allahabad
 AIR : All India Reporter
 A.P. : Andhra Pradesh
 Bom. : Bombay
 Cal. : Calcutta
 Del. : Delhi
 Guj. : Gujarat
 HC : High Court
 J & K : Jammu and Kashmir
 Ker. : Kerala
 M.P. : Madhya Pradesh
 Raj. : Rajasthan
 SC : Supreme Court
 SCC : Supreme Court Cases

INDEX OF AUTHORITIES
 All the materials used to support the argument has to
be added. The authorities of Supreme Court and High
courts, foreign judgments, statutes, and
parliamentary debates are mentioned under the index
of authorities. Sources refer through articles, text
books, journals, and websites are also mentioned.
This is not only helpful for the speaker but also it is
useful for the court and other side speaker to easily
determine what cases, statutes or other materials are
being cited. Uniform citation method has to be followed.

BOOKS
 S.P. Sen Gupta, Law of Evidence, 1988, Kamal Law House,
Calcutta.
 Ratan Lal and Dhiraj Lal, The Law of Evidence, 22nd ed.
2006, Wadhwa and Company, Nagpur.
 Vepa P. Sarathi, Law of Evidence, 6th ed. 2006, Eastern
Book Company, Lucknow.
 M.C. Sarkar, S.C. Sarkar and Prabhas C. Sarkar, Law of
Evidence, 14th ed. 1993, Vol.1, Wadhwa and Company,
Nagpur.
 S.K. Sarkar, and Ejaz Ahmed, Law of Evidence, 6th ed.
2006, Vol.1, Ashoka Law House, New Delhi

LIST OF CASES
 Gurubaksh Singh v. State of Punjab, AIR 1980 SC 1632
 Kartar Singh v. State of Punjab, 1994 Cr.L.J. 3139
 Narayana Swami v. Emperor, AIR 1939 PC 47
 Nazir Ahmad v. Emperor, AIR 1936 PC 253
 Pulukuri Kotayya v. Emperor AIR 1947 PC 67
 Abdul Rajak v. State of Maharashtra, AIR 1970 SC 283.
 Chunni Lal v. Union of India, AIR 1964 HP 27.
 Dharma v. State, AIR 1966 Raj. 24.
 Jaffar Hussain v. State of Maharashtra, AIR 1956 SC 217.
 Lalji Dusadh v. Emperor, AIR 1928 Pat. 162.
 Om Prakash v. State of U.P. , AIR 1960 SC 409

LIST OF STATUTES
 Code of Criminal Procedure, 1973
 Indian Contract Act, 1872
 Indian Penal Code, 1860
 Indian Evidence Act, 1872
 Terrorist & Disruptive Activities (Prevention) Act, 1987

DICTIONARIES
 John Simpson & Edmund Weiner, The Oxford English
Dictionary, 2nd ed. 2009, Oxford University Press,
London.
 Halsbury’s Laws of India, Lexis Nexis, Butterworths,
Nagpur.
WEBLINKS
 http://www.legalindia.in/confession-statement-to-police-
is-weak-evidence-supreme-court
 http://www.manupatra.com
 http://www.scconline.com

STATEMENT OF
JURISDICTION
It means which court is competent to hear your
case. The jurisdiction of the court should be clearly
mentioned with the reason. Finding the proper
jurisdiction is very important.

STATEMENT OF JURISDICTION
 The Appellant (State) on one side, and The
Respondent (Ramesh) on the other, has
respectfully submitted in Criminal Appellate
Jurisdiction matter under Article 136. Therefore,
both the parties have accepted the jurisdiction of
the Supreme Court of India.

STATEMENT OF FACTS
These statement of facts/ synopsis of facts are an
important part in memorial presentation. It generally
convinces the court about your client’s position. A judge
may be well versed in law but he doesn’t know about
the facts of your particular case. So, a brief summary of
facts have to be written clearly in the beginning of the
memorial. The relevant facts has also been briefly
mentioned properly in this Colum.

STATEMENT OF FACTS
 That Reema (hereinafter referred as “victim”), an eighteen year old girl was a student of 12th class belonged
to a lower middle class family as her father is a clerk in a private firm. Ramesh (hereinafter referred as
“Respondent”) Maths teacher in her school secretly developed emotions for her.
 That on her 18th birthday Respondent organised a birthday party gifted her expensive watch. Unaware of
Respondent feeling, she accepted it. On 14th February 2013, Respondent proposed to her for marriage.
 That on 20th February, Respondent approached her parents with the proposal. However, they rejected his
offer and warned him not to contact her anymore as they did not want that there should be any kind of
distraction to their daughter as her XII boards were approaching.
 That victim clarify him that she will not go against the wishes of her parents and he should not follow
anymore, but even after that Respondent keep on contacting her through phone, internet etc. And later hr
parents beat him and asked him to leave.
 That Respondent approached Mahesh and he suggested to Respondent that he should find victim alone and
take her to the temple for marrying her without information to her parents and further, planned that they
will threaten her with a bottle of acid to pressurise her to come with them to the temple.
 That on 23rd March, 2013 as per the plan, finding victim passing on a lonely road, Respondent and
Mahesh, approached victim and asked her to accompany him to the temple so that they can get married. On
victim’s refusal, Mahesh carrying the bottle of acid, threatened victim.
 That Respondent dragged her into the car and she starts shouting loudly. Mahesh out of the rage and anger
opened the bottle and threw the acid on her face and both of them fled away in the car belonging to and
driven by Respondent. Leaving the girl in immense pain.

ISSUES RAISED
This is a short introductory statement of the legal
issues or points of law involved in the case. It tells
the judges precisely what legal issues the speaker
wants the court to decide. These statements should
be phrased to help one argue for a particular
conclusion rather than simply against the other
side.

ISSUES RAISED
 Whether the Respondent is liable under Section
326A r/w Section 34 of IPC, 1860?
 Whether the order passed by the Hon’ble High
Court regarding the quantum of punishment and
compensation is valid or not?
 Whether the Respondent is liable under Section
354D and Section 366 of IPC, 1860?

SUMMARY ARGUMENTS
This is a brief summary of arguments based on the
issues raised.

SUMMARYARGUMENTS
 The Respondent is liable under Section 326A r/w Section 34 of IPC.
Respondent and Mahesh made a plan to take victim to temple by taking the advantage of her loneliness and
forced for marriage when the victim starts shouting in her private defence, they use the bottle of acid which is
already in their planning proves the common intention, Where an attack on the victim with an acid caused him to
lose the sight of one eye thereby ending her career, it was held that given the use of weapon.
 The order passed by the High Court regarding the quantum of punishment and compensation is valid or
not.
The Appellant submits that there is recent Criminal Law (Amendment) Act, 2013 to the law which give ten years
to a maximum of life imprisonment to the criminal for destroying another human being. The punishment should be
for life, nothing less. There should not be bail for such a horrific crime. A person, who can wilfully destroy another
human being in this fashion, is very dangerous to have around and should be behind bars.
 The Respondent is liable under Section 354D and Section 366 of IPC
The Appellant also avers that The law defines acid attack as a separate Indian Penal Code offence and proposes
punishment of not less than 10 years to a maximum of life imprisonment for perpetrators and fine that could go up
to Rs.10 lakh. Section 366 IPC “Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person”. It is transpired in the evidence of the prosecution that Respondent
is in love with the victim so the aggression of the rejection compels him to take the step which states the
abduction under the eye of law.
The right of private defence under section 100 extends even to the causing of the death of an attacker under
certain circumstances such as an assault from which it may be clear that death or hurt are likely to follow, an
assault with the intention of committing rape or satisfying unnatural lust upon a person, an assault made with the
intention of kidnapping, and an assault intended for wrongful imprisonment. The Criminal Law Amendment Act,
f2013 has introduced a seventh category of private defence which includes an acid attack within its ambit. If a
person is apprehensive of being hurt by an acid attack, that person has a right of private defence which extends
to causing the death of the attacker.
When acid is thrown on a person, the results can be horrifying. Nitric, hydrochloric, or sulfuric acids all have a
catastrophic effect on human flesh. It causes the skin tissue to melt, often exposing the bones below the flesh,
sometimes even dissolving the bone. When acid attacks the eyes, it damages these vital organs permanently.
Many acid attack survivors have lost the use of one or both eyes. The victim is traumatized physically,
psychologically and socially.

ADVANCED ARGUMENTS
This is the heart and soul of the memorial. Every
part of the argument must be supported by legal
authority. Arguments should be well-organized and
convincing. Each point the team wants the court
to consider in deciding the case must be
described, the reasons explained with appropriate
references to research materials used, and text
citations should be inserted as frequently as
needed.

CONTD…….
Arguments should address legal precedent
and policy issues. Each part of the
argument first address the issues
supporting one’s own case. Then, address
contentions anticipated to be brought up by
the opposing party. The argument should
be written in forceful, active, positive
language. It is best to avoid the passive
tense. Headings and subheadings are
used to help clearly organize the argument.

ADVANCED ARGUMENTS
 Whether the Respondent is liable under Section 326 A r/w Section 34 of Indian Penal Code, 1860?
 Grounds for the offence committed
The Appellant humbly submits to this Hon’ble Supreme Court that the Respondent and Mahesh are held liable
for an offence under Section 326A r/w Section34 of IPC, as these Sections clearly indicate the offence of acid
attack and common intention respectively. According to the statement of facts it is already mentioned that
Respondent fall in love with the victim and keep on following her even after, the strict rejection by the her and
her family. But, Respondent did not give up and try to contact her through mails, phone, internet etc. with the
negative response from the victim and rush away to Mahesh. With the feeling of enraged and revenge they
planned a criminal conspiracy with the common intention of acid attack and forced marriage which is against
her will.
Every act done “against the will” of a person is done “without his consent” which expression imports that the
act is done inspite of the opposition of the person to the doing of it.
The Order passed by the Hon’ble High Court is not justified
The High Court was not at all justified in taking a different view or conclusion from the trial court. The
judgment of the High Court is vitiated by non-consideration of the material evidence and relevant factors
eloquently emerging from the prosecution evidence. The High Court in a sketchy manner reversed the
judgment of the trial court without discussing the deposition of the witnesses as well as all relevant points
which were considered and touched upon by the trial court. Section 326A of Indian Penal Code: A person
who throws or administers acid on another person and causes damage or deformity is liable for an
imprisonment that is not less than ten years, and may extend to life imprisonment. Any fine that is collected
under section 326A is granted to the victim for medical expenses.
Section 34 of Indian Penal Code, 1860: Common Intention: Acts done by several persons in furtherance of
common intention. When a criminal act is done by several persons in furtherance of the common intention of
all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Khanlin-ur-Rehman, (1933) 11 RAN (2013) FB

CONTI.
 Wrong Acquittal of Respondent and Mahesh
In order to bring the charge of common intention by the evidence, prosecution has to establish, whether direct or
circumstantial, that there was a planning or meeting of minds of all the accused persons to commit the offence
for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of the moment; but it
must necessarily be before the commission of the crime. The true concept of the Section 34 is that if two or more
persons.
Here in this case there was the pre-meeting of the mind. However, intentionally do an act jointly; the position in
law is just the same as if each of them has done it individually by himself. Further, as observed in Ashok Kumar
v. State of Punjab the existence of a common intention amongst the participants in a crime is the essential
element for application of this section. It is not necessary that the acts of the several persons charged with
commission of an offence jointly must be the same or identically similar. The acts may be different in character,
but must have been actuated by one and the same common intention in order to attract the provision. Thus, the
position with regard to Section 34 IPC is crystal clear.
Since the Respondent was present at the scene of occurrence and simply watched Mahesh was throwing acid on
the victim without preventing him from doing so, clearly establishes that Respondent had intended to cause
injury and also, disablement of the victim and as such is liable to be punished under Section 326A of IPC.
The fundamental principal of criminal liability is that there must be a wrongful act- actus reus, combined with a
wrongful intention-mens rea. This principle is embodied in the maxim, actus non facit reum nisi mens sit rea.
Meaning an act does not make one guilty unless the mind is also legally blameworthy.
Actus Reus: Comprises the following:
Human Conduct or an Activity.
The Result of the Act Prohibition by Law.
AIR 1977 SC 109

 Whether the order passed by the Hon’ble High Court regarding the quantum
of punishment and compensation is valid or not?
 Grounds of errors in the order of the Hon’ble High Court under Section
326A r/w Section 34 of IPC,1860
It is a humble submission to this Hon’ble Court that, the victim deserves the justice,
by imposing the rigorous punishment on Respondent and Mahesh. Therefore,
Appellant submits its submission in the present matter through the appeal before this
Court on the grounds that the Hon’ble High Court has failed to notice the important
statement of facts that there was a common intention and the acid attack by
Respondent and Mahesh. However, Mahesh is absconded and was declared a
proclaimed offender and Hon’ble High Court acquitted Respondent. The Hon’ble
High Court has failed to notice the actual fact that Respondent and Mahesh have a
complete involvement in the criminal conspiracy to harm the life of the victim who
is young girl in such an inhuman manner. Further, Respondent and Mahesh taking
advantage of the loneliness, drag the victim in the car and the victim starts shouting
in her private defence, out of the public fear they use the bottle of acid which is
already in their Section 34of I.P.C., 1860 Common Intention: Acts done by
several persons in furtherance of common intention. When a criminal act is
done by several persons in furtherance of the common intention of all, each of
such persons is liable for that act in the same manner as if it were done by him
alone.

PRAYER
The reliefs claimed by the parties should be clearly
mentioned. More than one relief may be claimed in one
cause of action. Following the prayer signature of the
counsel must be stated.

PRAYER
In light of the questions presented, arguments advanced and authorities cited, the counsel for the
Appellant most humbly and respectfully pray before this Hon’ble Supreme Court, that it may be
pleased to adjudge and declare that:
The Respondent and Mahesh should be convicted for life imprisonment.
To enhance the compensation Rs. 3,50,000 /- to the victim and her family.
The Appellant additionally prays that the Court may grant any provisional relief and may direct
the Respondent to pay appropriate monetary compensation that it may deem fit.
"This Hon’ble Court may pass any order, decree, judgement to meets the end of justice."
Respectfully submitted,
…………...….……...……………………
(Counsel for the Appellant)

GENERAL INSTRUCTIONS
 Use font size 14, Times New Roman in the headings
 Use font size 12, Times New Roman in the main text
 Use font size 10, Times New Roman in the footnotes
 Cite the address of web pages as it is and add date of last
visit to the webpage; time; place along with the web
address.

on behalf of
Moot Court Association
Faculty of Law, Swami Vivekanand
Subharti University

HOW TO PREPARE A LEGAL MEMORIAL

Recomendados

Recomendados

Mais conteúdo relacionado

Mais procurados

Mais procurados (20)

Semelhante a HOW TO PREPARE A LEGAL MEMORIAL

Semelhante a HOW TO PREPARE A LEGAL MEMORIAL (20)

Mais de Shivani Sharma

Mais de Shivani Sharma (20)

Último

Último (20)

HOW TO PREPARE A LEGAL MEMORIAL