ICFAI University Tripura Internship Report PDF

ICFAI UNIVERSITY TRIPURA ICFAI LAW SCHOOL Kamalghat, Agartala, Tripura INTERNSHIP REPORT Submitted by Name : ShwetashreetaKarmakar ID Number: 21IUT0120044 Program: BA.LLB (H) Semester: 2nd semester Year: 2nd Year DR. Nayanjy...

ICFAI UNIVERSITY TRIPURA ICFAI LAW SCHOOL Kamalghat, Agartala, Tripura INTERNSHIP REPORT Submitted by Name : ShwetashreetaKarmakar ID Number: 21IUT0120044 Program: BA.LLB (H) Semester: 2nd semester Year: 2nd Year DR. Nayanjyoti Das Under the Supervision of Advocate Ranabir SarkarAdditional & Public Prosecutor Prof. Arkajit Debnath Bishalgarh, Sepahijala, Tripura. FACULTY IN CHARGE  ACKNOWLEDGEMENT First, I would like to thank Adv.Ranabir Sarkar, for giving me the Opportunity to do an internship under the guidance of him. I pay my deep sense of gratitude to DR.Zigisha Pujari , Principal ICFAI Law School,Co-ordinator Of ICFAI Law School DR. Debabrata Royand also to my Legal Internship program in-charge DR. Nayanjyoti Das,Professor ICFAI Law School and MR.ArkajitDebnath, Asst. Professor ICFAI Law School to encourage me to the highest peak and to provide me the opportunity to prepare the assignment. I am extremely grateful to my department staff members and friends who help me in successful of completion of this Internship. ShwetashreetaKarmakar ID:21IUT0120044 BA.LLB(H) 2nd Year  ABSTRACT The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. For democracy to function effectively, it is imperative to have an impartial and independent judiciary. The judiciary Is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution, treaties or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus in common law countries creating the body of constitutional law.  INDEX S. NO CONTENT 1. Internship &Learning Objective 2. Introduction 3. Internship Schedule  Day 1  Day 2  Day 3  Day 4  Day 5  Day 6  Day 7  Day 8  Day 9  Day 10  Day 11  Day 12  Day 13  Day 14  Day 15 4. Conclusion INTERNSHIP & LEARNING OBJECTIVE  An internship provides the work experience that helps Students put their education into practice, develop their Leadership skills and give them a competitive advantage As they pursue a permanent position.  An internship can teach you various skills like Teamwork, time-management, maintaining a controlled Environment with your co-interns, and patience.  During the period of internship, you get to explore your Brain efficiency and patience. As a student shall keep on Brainstorming and aim for clarity on whatever they are Witnessing. However, you can only improve yourselfWhen you know what mistakes you are making or Where you stand among others. The experience which a Student gains from an internship is valuable in growingA career.  INTRODUCTION The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times.The constitution provides for a single unified judiciary in India. India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are the district and subordinate courts. The lower courts function under the direct superintendence of the higher courts. Apart from the above structure, there are also two branches of the legal system, which are: Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts when the local police file a crime report. The court finally decides on the matter. Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen. Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the Constitution.  INTERNSHIP SCHEDULE Day – 1 Date : 22/05/2023 Time : 10 Am Today on 22/05/2023 as a part of our legal Internship Program, we come to the Bishalgarh court under the guidance of Advocate Ranabir Sarkar and accordingly at sharp 10 Am we met our guide in the Bishalgarh court complex in his chamber and after meeting with him, he explained about the procedure and decorum of the court. He also said about how many courts are there in Bishalgarh court and the name of each court. As our guide told us that in Bishalgarh court complex, they are total three courts namely : 1. Additional District &Session Judge, Bishalgarh, Sepahijala 2. Sub-divisional Judicial Magistrate, Bishalgarh, Sepahijala 3. Judicial Magistrate First Class, Bishalgarh, Sepahijala After that our guide also discuss with us about the power of aforesaid Courts. After that I, along with my fellow mates under the direction of our guide, we visited the sub-divisional Judicial Magistrate court and we have seen some proceeding of the court, during this period we haveseen some criminalcases and we also gone through some domestic violence cases and also some maintenance cases.  Day – 2 Date : 23/05/2023 Time : 11 Am Today on 23/05/2023, we first visited the Court of Judicial Magistrate First Class, and come in touch with some Civil cases and some Criminal cases. First we heard, The State Of Tripura versus BirkumarDebbarma, case number PRC SP/86/2022, where the accused was charged with section 341, punishment for wrongful restraint, section 323, punishment for voluntarily causing hurt,& section 506, punishment for criminal intimidation, ofIndian Penal Code, in which he plead guilty, the charged were disposed by giving a fine of RS, 1500 in total. Next we heard a prosecution witness giving his statement in front of the court. At the time of giving the evidence the prosecution witness didn’t support the prosecution. As a result the prosecution prayer for declaring the witness is a hostile. Accordingly the learning court also declared the witness as hostile. During the court proceeding the Honourable Judicial Magistrate First Class asked ask what is section 207 of Cr.P.C which is supply to the accused of copy of police report and other documents.  After that our guide told us about the trial proceedings hierarchy of criminal courts. Our guide also give us a brief description of hostile witness its impact and relevance on a case. Hierarchy of Criminal Courts In India 1. The Supreme Court Of India 2. The High Court 3. The Court Of Session & The Session Court 4. Judicial Magistrate First Class & Metropolitan Magistrate 5. Judicial Magistrate Second Class 6. Executive Magistrate Hostile Witness Hostile witness has been described in Section154 of Indian Evidence Act, states that A hostile witness, otherwise known as an adverse witness or an unfavourable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or contrary to the party who called as witnesses. A prosecution witness can be declared hostile when he resilesfrom his previous statement made under section 161 or 164 Cr.P.C. Beside this when a prosecution witness turns hostile by stating something which is destructive of his prosecution case, this prosecution is entitled to get this witness declared hostile. The value of Evidence given by a Hostile Witness The statement of a hostile witness can also be examined to the extent it supports the prosecution case. In case of evidence of a hostile witness, the Court has to act with greater degree of care and caution for ensuring that justice alone is done. The evidence so considered should unequivocally point towards the guilt of the accused. The fact that a witness is dealt with under section 154, Indian Evidence Act, even when under that section he is cross – examined to discredit, in no way warrants a direction to the jury that they are bound in law to place no reliance on his evidence or that the party who called and cross – examined him can take no advantage from any part of his evidence. The evidence of such a witness is not to be rejected either in whole or in part. It is not also to be rejected so far as it is in favour of the opposite party. The whole of the evidence so far as it affects both the parties favourably must go to the jury for what it is worth.It is not correct to say that when a witness is cross – examined by the party called him, his evidence cannot be believed in part and disbelieved in part but must be excluded from the consideration altogether. The correct rule is that either side may rely upon he is evidence and that the whole of the evidence sofar is it affect both parties favourably or unfavourably must be considered for what it is worth. It is settled law that the evidence of a hostel witness cannot be discarded and it can be used to corroborate other reliable evidence if such reliable evidence exists on the record.  Day – 3 Date : 24/05/2023 Time : 11 Am Today on 24/05/2023, we first visited the Court of Additional District & Session Judge Bishalgarh, Sepahijala. First we heard a witness giving his statement regarding a case related to seize of documents of a bike. And then we hear a NDPS Case, The State Of Tripura v/s JuyelAhamad @ Malu, SPI NDPS/8/2023 where charges were framed against the accused, then no cases were heard on that day in this court. After that we collect the cause list of that day. Next we went to the Court Of Judicial Magistrate First Class. In this court first we heard a evidence. After that we went to the chamber of our guide where he give a us brief description of cognizable offence, non – cognizable offence,bailable offence, non – bailable offence. Cognizable Offence Section 2(C) of Cr.P.C or the Criminal Procedure Code (1973) defines a cognizable offence. According to the definition given in the code, such offence are those where the police are empowered to make an arrest of the accused without a warrant or permission from the Magistrate. These offences are more serious and heinous. This classification of offences and weather a particular offence false under the category of cognizable offence are not given under the first schedule of the code. Example of such offence are rape, murder, theft, kidnapping, abduction etc. These offences create a threat to the society and disturb the peace and harmony therein. In this offences, the police can arrest the accused without any warrant or permission from the court and initiate the investigation proceeding. The punishment in such offences are usually more than three years and may extend upto life imprisonment or death penalty. However, these offences may either bailable or not, which also depends on the discretion of the court. The first schedule of the Indian penal code also mention whether the particular offence is bailable or not. Non –Cognizable Offence An offence that is less serious in nature is considered as a non – cognizable offence. Section 2 (I) of Cr.P.C defines a non – cognizable offence as those in which the police have no authority to arrest without a warrant. These are mentioned in first schedule of IPC and are bailable. In this offences, the police cannot arrest the accused without an arrest warrant and cannot start an investigation without the permission of the Court. Non – serious crime such as assault, cheating, forgery, defamation, public nuisance etc are non – cognizable offences. As per section 155 of the Cr.P.C , if a police officer receives information about a non – cognizable crime, he is supposed to enter the case in the station diary and refer the information to the Magistrate. Only after receiving permission from the magistrate, the police can start investigating the matter. After concluding its investigation, a chart sheet is filed within the Court, which is followed by a trial. If a case has been made out, the code then issue a final order of the arrest. Bailable Offence The definition of Bailable Offence given under section 2 (A) of Cr.P.C states that bailable offence are those offences which are shown as bailable in the first schedule of the Indian Penal Code. The said definition cannot be termed exhaustive since the given definition doesn’t answer the question as to what these offences are. Therefore in simple term, a bailable offence can be termed as a offence where bail is a matter of right because they are of no grave nature in respect to the seriousness and that is why generally they are punishable for three years or below or with fine. Although presumption towards a light offence doesn’t always render it bailable in nature due to the presence of numerous exceptions present contrary to the rule, as the offence of sedition under section 124A of IPCis punishable with imprisonment for three years but is non – bailable.On the other hand, an offence under section 335 of IPC which talks about causing grievous hurt by means of grave provocation, is punishable with imprisonment for four years but is still bailable in nature. Non – bailable Offence Non – bailable offence are the offences which are not bailed. For example of offences of murder,rape,culpable homicide, abatement of suicide etc are the non – bailable offences. This offences are serious in nature and it have an effect on the peaceful harmony of the society.The reasons for categorising these offences as non –bailable is the safety of the common public in society.  Day 4 Date : 26/05/2025 Time : 11 Am Today as a part of our legal Internship Program, we come to the Bishalgarh court under the guidance of Advocate Ranabir Sarkar and accordingly we went to the Court of Additional District & Session Judge, there we have seen the process of taking evidence from a witness of a POCSO Case. In that case the victim was a minor girl who eloped with the accused and the family of the victim filled a case against him. Our guide told us that POCSO cases are trial by Special Judge and have special Prosecution Advocate who are empowered to do so. And also in in POCSO cases The Identity or address or any detail about the victim are kept confidential unless it is necessary to disclose it. POCSO Act or Protection Of Children From Sexual Offences Act POCSO Act or Protection Of Children From Sexual Offences Act, 2012 was enacted to provide a powerful legal framework for the protection of children from offences of sexual assault,sexual harassment and pornography, while safeguarding the interest of the child and every stage of judicial proceeding.  Before the introduction of the POCSO Act 2012, the sole legislation in India that aimed at protecting the right of child was the Goa’s Children’s Act 2003 and Rules, 2004. Under the Indian penal code 1860, child sexual abuse accountant for an offence under section 375, 354 and 377. This provisions neither protect male children from sexual abuse nor protect their modesty. Owing to the lack of any specific legislation, it was essential to establish a statue that pointedly tackled the issue of growing child sexual abuse cases in the country. With the efforts of multifunctional NGOs, activist and the Ministry of Women And Child Development, POCSO Act 2012 was enforced on 14th November 2012. Salient features of the POCSO Act  “Children” according to the Act are individuals aged below 18 years. The Act is gender-neutral.  Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non- penetrative assault are defined in the Act.  Sexual assault is deemed to be “aggravated” under certain circumstances such as when the child is mentally ill. Also when the abuse is committed by the person in a position of trust such as a doctor, teacher, policeman, family member.  Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system. The Act  assigns a policeman in the role of child protector during the investigation process.  The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible and the case is disposed of within one year from the date of reporting of the offence.  Under section 45 of the Act, the power to make rules lies with the central government.  To monitor the implementation of the Act, the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority. Both being statutory bodies.  The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.  Section 42 A of the Act provides that in case of inconsistency with provisions of any other law, the POCSO Act shall override such provisions.  The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.  Day – 5 Date : 29/05/2023 Time: 11 Am As a part of our legal Internship Program, we on 29/05/2023 accordingly visited The Additional District and Session Judge Court. On that day, in the learned Court of The Additional District And Session Judge, the Special Judge announced a judgement in a caseThe State Of Tripura v/s Karnajit Das,SPL. NDPS/18/2022. The case was registered under section 20/(b)(ll)(C)/25/29 of NDPS Act. The complainant of the instant case is The State Of Tripura and the accused isKarnajit Das. In that case The State Of Tripura was represented by learnedAdvocate GautamGiri,Additional Public Prosecutor and the accused person was represented bylearnedSenior AdvocateSubrata Sarkar. Fact of the Case: That on 16/02/2022 evening at 16:05 hrs SI Raju Bhowmik, Constable Kamal Hossen, Tanmoy Biswas and other staff of the Bishalgarh Police Station were on vehicle checking duty at No.02 Goutam Nagar in front of SDPO, Bishalgarh office on National Highway -08 under Bishalgarh PS. During checking at about 17:05 hrs police found one Maruti Suzuki Dzire car. Which was proceeding towards Agartala from Bishalgarh with high speed. Accordingly, police party raised stop signal to the car but ittried to escape from the spot. After that police personal managed to detain the car along with the driver. Subsequently during checking, police party found smell of Ganja in the car. After that police personal informed the matter with their higher officers and also arranged to make one Pre- Search memo. After than police personal search the vehicle and found 70kg dry Ganja. And accordingly, after following the all formalities laws the FIR against the accused person undersection 20(b)(Ⅱ)(C)/25/29 of NDPS Act, and which was registered in Bishalgarh Police Station, case No. 2022 BLG 008 dated 16.02.2022. Investigation: After than police has started investigation about the matter and also recorded their statement under section 161 of Cr.P.C. along with witnesses. And after conclusion of the investigation the Officer Incharge of the police station file the charge sheet in this case against the accused person under section 20(b)(Ⅱ) (C)/25/29 32 of the NDPS Act, 1985. Charge: That on 27/07/2022 Learned Special Judge frame charge against the accused person under section 20(b)(Ⅱ)(C) of the NDPS Act. And it was read over and explained to the accused person by the learned Spl.Judge of this court which he pleaded not guilty and claimed to be tried. Trial: After that trial has started. During the trial the prosecution adduced as many as evidence of 11 witness & also exhibited certain documents. Examination of accused (S-313): After closure of the prosecution evidence the accused person was examined under section 313(1) of Cr.P.C. Argument: During argument the prosecution and the defence argued their case before the learned Spl.Judge. And in support of their case the prosecution side submitted such and such case laws and the defence also submitted case laws to stand their facts before the Senior Judge. After hearing of both the side and discussion, the learned court has come to the conclusion that, it is well settled that on 16.02.2022 at about 06:50 PM. The accused Karnajit Das was found in conscious possession of 70kg of dry Ganja’s in 05 number of plastic sacks which was of commercial quantity and he was possessing and transporting the same in contravention of section 8(C) of NDPS Act which is punishable under section 20(b)(Ⅱ)(C) of NDPS Act. Accordingly, the point is decided in favour of the prosecution. Order: In the result the accused Karnajit Das is convicted for commission of offence punishable under section 20(b)(Ⅱ)(C) of Narcotic Drugs and Psychotropic Substances Act.  Day –6 Date : 30/05/2023 Time : 11 Am As we are continuing our legal Internship Program, today first we went to the Court Of Judicial Magistrate First Class and heard a case relating to section 379 of IPC which is theft, case number PRC 395/12 and after that we heard a evidence given by the prosecution witness in case relating to section 494 IPC, Marrying again during lifetime of husband or wife. After that we went to the chamber of our guide where he give us a brief description about framing of charges, please of occurrence,summons and police report case (PRC). Framing Of Charges Framing of charge in CRPC is an important adjunct mandating and regulating the criminal trial of a case. CRPCregulates the entire process of a criminal trial before a criminal court. Framing of charge in CRPC is defined under chapter XVII, mainly starting from Section 211 up to Section 228. Framing of charge in CRPC is at the stage when the police has completed its investigation and submitted the charge sheet alleging the offense against the accused person. The court thereafter scrutinizes the charge sheet and proposes to frame charge against the accused person. This is so done as the charge serves the purpose of notice or intimation to the accused, drawn up according to the specific language of the law, giving clear and unambiguous or precise notice of the nature of accusation that the accused is called upon to meet in the course of the trial. Framing of charge in CRPC thus makes the clarity on the charges on which the accused is to be tried before the court and prosecution are to lead the evidence on it. Framing of charge in CRPC is very important as the necessary information on the charges is conveyed to him and no prejudice is caused to him because of the charges, the accused cannot succeed by merely showing that the charges framed were defective. It has been however been established by the courts that mere a defect in the charge is no ground for setting aside a conviction. It is also established that while framing of charge in CRPC the judge has to only take a prima facie view whether the charges are made out against the accused or not on the mere reading of the allegations. Place of Occurrence It is a place where a particular crime has been committed or where physical evidence of such crime is found when it first comes to the notice of the officer incharge of the police station. It also known as a scene of crime. Summons Summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to notify him or her that he or she is being sued. In some instances, the summons may specify a specific court date, but in others, it does not. The Summon shall indicate the name of the Court before which the person is required to remain present along with the details of the case and the date on which the person is required to appear before the Court. As per Section 61 of the Code of Criminal Procedureevery summon that may be issued by the Court shall be in writing along with a duplicate copy bearing the signature of the Presiding Officer/Judge of the Court or any such officer that may be authorized by the Court and shall bear the seal of the Court. Police Report Case The Police Report is an oral and written record of acceptance of the facts and prosecutions as described in the Code of Criminal Procedure 1973. The Police Officer shall send a report to the Magistrate pursuant to subsection (2) of Section 173. The report referred to in Section 173 is a report on the findings of the investigation carried out under Chapter XVI the commencement of proceedings before Magistrates of the Police Report. The final report ends the evaluation process by means of a formal action plan. Police reports are used to prosecute a defendant at the beginning of a criminal case and to bring civil proceedings against an individual. Police reports act as a factual summary of an incident in order to investigate crimes, including on the form a case number or item number as indicated on or near the top of the form. The case number starts with the year like “2019” or just “19” accompanied by a unique number. In addition to what the investigating officer saw on the scene of an accident, the content of police reports also explains what victims, offenders, and witnesses heard. It is also likely that officers take photos, draw out sketches, and take distance measurements or objects attached to a police report.  Day – 7 Date : 31/05/2023 Time : 11 Am Today, as a part of our legal Internship Program, we come to the Bishalgarh court complex under the guidance of Advocate Ranabir Sarkar and accordingly at 11 Am we went to The court of Additional District & Session Judge, there we have gone through a NDPS Case. The case SPL.NDPS/7/2021 was registered under section 22(A),21(B),25,27(A),29 of NDPS Act. The Complainant of the instant case, The State Of Tripura v/s NapalShil(name of the accused person). In this case the state of Tripura was represented by learned Advocate GautamGiri, Additional Public Prosecutor. On that day we also went through a seizure witness in the court of Judicial Magistrate First Class. Next our guide also told us about some full forms, these are: FIR : First Information Report SSC : Supreme Court Cases GLT : Guwahati Law Time TLF : Tripura Law Report AIR : All India Reporter SSC(Cr) : Supreme Court Cases (Criminal) SCJ : Supreme Court Journal The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 was passed with the intent of controlling drug abuse and prohibiting the use, distribution, manufacture, and trade of drugs. Narcotic drugs are those that induce sleep, whereas psychotropic substances are those that react with the mind and change it positively. The Parliament of India passed the NDPS Act on 14 November 1985. These types of drugs have their place in the practice of medicine. Consequently, the Act includes provisions for the cultivation of cannabis, poppy, and coca plants as well as the manufacturing of psychotropic substances in connection with the cultivation of these plants. Its primary objective is to regulate the manufacturing, possession, sale, and transportation of drugs that are considered narcotics or psychotropics. As a result of this act, 200 psychotropic substances are prohibited from sale to walk- in customers. Prescriptions are required to obtain these drugs. There have been multiple amendments to the law since it was established. Additionally, NDPS does not differentiate between drug users, drug dealers, and hard-core criminals involved in this trade. An individual is prohibited from manufacturing, producing, cultivating, possessing, selling, purchasing, transporting, storing or consuming any drug or substance that is considered narcotic or psychotropic without permission from the appropriate authorities. Section 21(b) in The Narcotic Drugs and Psychotropic Substances Act, 1985 (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; Section 22(a) in The Narcotic Drugs and Psychotropic Substances Act, 1985 Punishment for contravention in relation to psychotropic substances.Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable, a.Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; Section 25 in The Narcotic Drugs and Psychotropic Substances Act, 1985 Punishment for allowing premises, etc., to be used for commission of an offence.Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence. Section 27A in The Narcotic Drugs and Psychotropic Substances Act, 1985 A. Punishment for financing illicit traffic and harbouring offenders.Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses To (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees Section 29 in The Narcotic Drugs and Psychotropic Substances Act, 1985 29. Punishment for abetment and criminal conspiracy. Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which. (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.  Day – 8 Date : 01/06/2023 Time : 11 Am Today, as a part of our legal Internship Program we visited the Court of Sub –Divisional Judicial Magistrate where we got the chance to witness a Bail Petition before the learned court. From hearing both of the side that is defence and Prosecution side we came to know that the bill petition which was put before the learned court is related to offence under section 375, rape, section 376, punishment for rape, of Indian Penal Code&, section 67, Punishment for publishing or transmitting obscene material in electronic form,Information TechnologyAct 2000. After hearing both the side the learned court asked for CD. After hearing the word CD we become too much curious to know about it and we asked our guide to explain it. Accordingly, our guide described the word CD, that is Case Diary which is prepared by the police under section 172(3) of Cr.P.C. CD is very important in the case relating to section 375 of IPC. Section 375 Indian Penal Code, 1860 Section 375 of IPC tells about rape and what actions, if done by a man, can make him liable for punishment under Section 376 of IPC. Section 375 was in IPC from the time of the enactment of this statute but its ambit has been enlarged after the Criminal Law Amendment of 2013. Earlier the penetration of the penis into the vagina, urethra, anus, or mouth of a woman was considered rape. But now even if the man inserts any object or any other part of the body into the vagina, urethra, anus, or mouth of a woman, it is considered rape. The objective of Section 375 of IPC can be understood by the words of Justice Krishna Iyer in the case of Rafiq v. the State of UP where he said that the murderer kills the body of a victim but the rapist kills the soul. So, rape can be considered a more serious offense against humankind than murder. Section 375 plays a very important role in bringing to justice the women who are robbed of their souls by those perpetrators. Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case, if she is under 18 years of age.” Section 376 Indian Penal Code, 1860 Section 376 of Indian Penal Code talks about the punishment for rape. Except in certain aggravated situations, the punishment will be imprisonment of not less than seven years but it may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life or death penalty, and shall also, be liable to fine. Section 67 The Information Technology Act, 2000 Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.  Day – 9 Date : 02/06/2023 Time : 02 Pm During our internship program we got the chance to visit the chamber of our guide learned Advocate Ranabir Sarkar. Accordingly on 02/06/2023 we visited the Chamber of our guide situated in Agartala. During our visit sir discussed some important sections and definition. Section 161 of Code Of Criminal Procedure, 1973 Section 161 of the Cr.P.C deals with the examination of witnesses by the police, and this provision allows the police or gives them authority to interrogate the witnesses whenever they need to record the statements of the witnesses. The major goal of this Section is to present the evidence before the court throughout the trial. This information is also valuable to the court in formulating charges against the perpetrator. The goal of Section 161 Is to acquire evidence that can subsequently be used in court. In the event of a trial before a court of the session or a warrant-case trial, a charge may be filed against the accused based on the statement recorded by the police under Section 161. This Section gives the police the authority to question witnesses during an investigation. Section 161(1) allows for oral examination of anybody who is supposed to be familiar with the facts and circumstances of the case. A police officer examines the person in this segment. Section 161 (1) uses the phrase ‘any person’ to encompass a person who may be accused of the offence as well as suspected. Section 161(2) binds a person who is interrogated by police during an inquiry to answer all questions honestly, but it also shields the person from answering questions that would subsequently lead to the person’s incrimination. Section 161(3) requires that witness testimony under Section 161 be recorded in the first person and not in an indirect form of speech. An oath or affirmation is not needed during a witness examination under this Section. It also forbids the preparation of a synopsis of a statement recorded and provides that the statements made under this subsection may be captured using audio-video technological methods. Apart from this, the statement given by a woman must be documented by a woman police officer or any female officer. Section 41 of Code Of Criminal Procedure, 1973 Section 41 of the Code of Criminal Procedure, 1973 deals with the arrest of any person by any police inspector without an order from a Magistrate and without a warrant. Under this Section, the police have the power to arrest a person without a warrant when a prompt and immediate arrest is needed and there is no time to approach magistrate and obtain a warrant in case of serious crime. This Section is to be read with Sections 155 and 156 of the Code. Further, this section also mention that, not in all cases arrest is necessary, Notice of appearance before a police officer can be made if a reasonable complaint has been made, credible information has been received and suspicion exists of cognizable offence and if the concerned person continues to comply with such notice and appears, then arrest is not necessary but he if he doesn’t, then arrest can be made. Section 137 Of Indian Evidence Act, 1872 Section 137 of Indian Evidence Act talks about, Examination-in- chief.—The examination of a witness by the party who calls him shall be called his examination-in-chief. Cross-examination.—The examination of a witness by the adverse party shall be called his cross-examination. It means that if the opposite party wants to, they can take over the witness and cross-question him about his previous answers. The opposite party may ask him any question regarding all the relevant facts and not merely the facts discussed during the examination-in-chief. Re-examination.—The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination. It means that if the party that called the witness sees the need to examine the witness again after cross-examination, they may examine the witness one more time. Section 354 Of Indian Penal Code, 1860 Section 354 states that whoever assaults or makes the use of criminal force on any woman with the intention to outrage her modesty or knowing it to be likely outraging her modesty shall be liable for punishment under this section. The punishment is imprisonment of either description, which shall be a minimum of one year and may extend up to five years. Additionally, the fine shall also be levied. Hence, the punishment can be simple or rigorous imprisonment, depending on the discretion of the judge. Additionally, a fine shall be levied along with such imprisonment, which means that the offence is non- compoundable.  Day – 10 Date : 03/06/2023 Time : 02 PM Today we went to the chamber of our guide learned Advocate Ranabir Sarkar situated in Agartala. During our chamber visit we discussed a very important landmark case, Arnesh Kumar v/s State Of Bihar [(2014) 8 SSC 273].During the discussion, our guide told us that this case ofArnesh Kumar V. State of Bihar (2014) is a crucial case in criminal law where the court established rules for making an arrest. In this case, the wife filed a charge against her husband accusing him of demanding dowry. This landmark judgement of the Indian Supreme Court, stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment. The guidelines asked the police to determine whether an arrest was necessary under the provisions of Section 41 of the Criminal Procedure Code (Cr.P.C). Police officers have a responsibility to guarantee that the principles established by the Supreme Court in its numerous decisions are followed by the investigating officers. Before authorising further detention, the judicial magistrate must read the police officer’s report and make sure they are satisfied. After discussing this case our guide gives us a brief about burden of proof. The Indian Evidence Act does not define the term “burden of proof”. However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish the facts that will assist the court in reaching a decision in their favour. Therefore, the duty to prove a fact in a lawsuit is known as the Burden of Proof. The requirements under the burden of proof are covered in Chapter VII of the Indian Evidence Act.Under the Indian Evidence Act, 1872, sections 101 to 103 deal with the burden of proof in general, whereas sections 104 to 106 deal with the situation where the burden of proof is placed on a specific individual. In criminal case it is accepted principle of criminal jurisprudence that the burden of proof always on prosecution. It never changes. This conclusion is derived from fundamental principle that, the accused should be presume to be innocent till he is proved guilty beyond reasonable doubt and accused has got the right to take benefit of some reasonable doubt. If the accused succeeds in creating reasonable doubt or shows preponderance of probability in favour of plea, the obligation on his part get discharged and he would be entitled to be acquitted. Section 101 of the Evidence Act, illustrates the burden of proof in the sense of proving a case. It lays down that whoever wants a Court to give judgement in his favour as to any legal right or liability on the existence of some facts, must prove the existence of those facts.The burden of proving a case remains throughout the entire case on the party on whom the bleeding originally placed it.It never shifts; the party, whether, plaintiff or defendant, who substantially assets the affirmative of the issue has this burden of proof. It is on him at the beginning of the case; it continues on him throughout the case.  Day – 11 Date : 05/06/2023 Time : 11 AM Today on 05/06/2023, as a part of our legal Internship Program under the guidance of Advocate Ranabir Sarkar we visited the Sub-divisional Judicial Magistrate Court. During our visit to the learned court we got the chance to witness a case, The State Of Tripura v/s KantiSingha. In that day the learned court was taking evidence. After watching our interest in the process thehonourableSub - divisional Judicial Magistrate Shri Gaurav Kumar shahisir asked ask few question relating to taking evidence. After this the prosecution side brought to witness in support of their case and the learned Court recorded they are examination in chief under section 137 of Indian Evidence Act and after completion of examination in chief the learned code also recorded cross examination of the prosecution witness under section 145 of Indian Evidence Act. After observing the whole process, we came to know that the case is related to section 498 (a) of Indian penal code, which is husband or relative of husband of a woman subjecting in her to cruelty. After observing this case we went to meet our guide where he explain about section 137 of Indian Evidence Act and section 498 (a) of Indian penal code. Section 498 (a) Of Indian Penal Code, 1860 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. In 1983, with the passing of the Criminal Law (Second Amendment) Act, Section 498A was added to the IPC. The goal of this clause is to prevent the husband or other family members from torturing his wife for dowry and to punish him or them if he or they do so. The general sections of the IPC dealing with assault, hurt, seriously hurt, or homicide applied prior to 1983 to harassment of a wife by her husband or in- laws. However, increased incidences of bride burning and other violence against women, especially young ladies who are newly married, caught everyone’s attention. General IPC provisions were deemed insufficient to address the heinous crimes committed against women. In light of this problem, the Indian Penal Code (IPC) was amended to include both Section 498A and Section 304B (dowry death). The purpose of Section 498-A is to safeguard married women from abuse by their husbands or their spouse’s family members. A maximum sentence of three years in prison and a Rs. 30,000 fine has been set. The term “cruelty” has been broadly defined to include acts of harassment with the intent to pressure the woman or her family into meeting any unlawful demand for any property or valuable security, as well as acts of bodily or mental harm to the woman’s body or health. The harassment based on a woman’s ability to pay a dowry falls under the purview of the section’s final subsection. One element of “cruelty” is engineering a circumstance in which the woman is motivated to take her own life.  Day – 12 Date : 06/06/2023 Time : 11AM Today we first went to the court of Judicial Magistrate First Class and heard a case relating to section 378 of Indian penal code which is theft and in this case bail was granted to the accused person and after that we heard some orders given in some pending cases. Later on we went to the chamber of our guide Advocate Ranabir Sarkar where he give us a brief about the filing of a Civil case, below mentioned documents are necessary for filing a civil case, those are:  Filing slip : It is a document where the advocate needed to mention the name of the court where the case has been file, Case number, name of the plaintiff, Defendant complainant, accused, filing advocate and etc necessary documents.  Filing of suit/ plaint : The first step to initiate a suit is to file a plaint. A plane is a written complaint or allegation made by the aggrieved party.  Vakalatnama : Vakalatnama is a written document by which the parties to the suit authorised an advocate to represent them before The honourable Court.  Court Fees : It is the fee that both the party to the case need to pay. Court fees isthe nominal percentage of the total value of the claim or the value of the suit.  Firisti : Firistiis a list showing therein entry of the documents to be adduced as evidence in a particular case and is not the evidence of the content of the document.  Day – 13 Date : 07/06/2023 Time : 2 PM Today we again got the chance to visit the chamber of our guide learned Advocate Ranabir Sarkar. During our chamber visit, sir discussed about Bail Petition. In Cr.P.C, chapter xxxlll deal’s with bail. He told us bail signify the process of procuring the release of an accused charged with certain offences by ensuring his future attendance in the court for trial and compelling him to remain within the jurisdiction of the court. He then told us that there are different types of bail i.e 1. Regular Bail, 2. Interim Bail 3. Anticipatory Bail. He also discuss some section relating to bail. Regular Bail By regular bail, the court orders the release of a person who is under arrest, from police custody after paying the amount as bail money. An accused can apply for regular bail under Section 437 and 439 of Cr.P.C. Interim bail This is a direct order by the court to provide temporary and short term bail to the accused until his regular or anticipatory bail application is pending before the court. Anticipatory bail This is a direct order of Sessions or High Court to provide pre- arrest bail to an accused of a crime. When the person has an apprehension of being arrested, the person can apply for anticipatory bail. Sometimes, an application for anticipatory bail may go against the person, as it might alert an investigation agency regarding the involvement of that person in a crime. Section 436 Cr.P.C : cases in which bail can be granted Section 436 of the Cr.P.C deals with bail provisions for bailable offences. This clause is mandatory, and neither the police nor the courts have any discretion in the matter. According to Section 436(1) of the Cr.P.C, if the alleged crime is bailable, the accused is entitled to bail as a matter of right, either before the police officer or before the Magistrate’s court (if the case is forwarded to the Magistrate’s court). Bail for bailable offences is a right, not a favour. In such cases, there is no room for discretion in providing bail. The word “appear” under Section 436(1) of the CrPC Is broad enough to encompass the voluntary presence of a person accused of a crime even if no summons or warrant has been issued against him. It is provided that if the police officer or magistrate believes that the accused is indigent or poor and cannot afford the surety amount, he may release the accused on the execution of a bond without the surety. It is further explained that if the accused is unable to obtain bail within one week of his arrest, the police officer and the court may presume that the person is indigent or poor and may grant bail to such an accused without surety. Subsection (2) of Section 436 provides that an individual who absconds or breaches the terms and conditions of his bail bond when discharged on bail in a bailable case on a previous occasion must therefore not be authorised to post bail when brought to court on any specified date in the future, even if the offence is bailable. The court can also order the surety to pay the penalty under Section 446 of the Code. Bail under Section 436-A Cr.P.C The 2005 Amendment Act adds a new Section 436A to the Code. The purpose of this Section is to establish that if an under-trial prisoner has been detained for a period lasting up to one-half of the maximum period of imprisonment provided for the alleged crime, he should be discharged on his personal bond, with or without sureties. Section 438 Cr.P.C Section 438 Cr.P.C is divided into three sub-parts. In order to understand the provision in detail, it becomes necessary to understand each of its sub-parts in detail. Section 438(1) provides that any person upon a reasonable belief of being arrested for a non-bailable offence can move an application to the High Court or Court of Sessions. Accordingly, the court, upon careful consideration, may reject or approve the application. If the application is approved, the person upon an arrest shall be released on bail. The most important condition in this provision is that the offence under consideration must be a non-bailable offence. This provision also clearly signifies that granting anticipatory bail is not a right but solely lies on the discretion of the Court. Section 438(2) on the other hand, lays down certain conditions that the applicant must fulfil in case the High Court makes a direction under Section 438(a). The conditions are- (i)The person should be available for the interrogation as and when required. (ii) The person should not threaten, induce or promise any person who is familiar with the facts of the matter to disclose or reveal any facts to the police officer. (iii) The person shall not leave India without the prior permission of the Court. (iv) The person shall also be bound by the conditions enumerated under Section 437(b) and it shall be as if the bail was granted under the section. Lastly, Section 438(3) clearly provides that upon the application being accepted, the person upon arrest without a warrant shall be immediately released on bail. Further, if the magistrate takes cognizance, any warrant issued thereafter shall also be bailable.  Day – 14 Date : 10/06/2023 Time : 02 PM Today we went to the chamber of our guide Advocate Ranabir Sarkar. During the visit, sir discussed about the trial proceedings of different cases. After that he discuss about section 154 & 155 Cr.P.C. Section 154 Cr.P.C. Information in cognizable cases. If the information is provided verbally to a police officer in charge of a police station, that official is required to reduce it in writing. The informant should then read it over and sign it thereafter. The information obtained in this way must be entered in a book called the “book of records” that has been approved by the state administration. The Informant must receive a free copy of the information that was recorded. The aggrieved party may send the information to the Superintendent of Police if the officer in charge refuses to record it. If the Superintendent of Police is satisfied that the cognizable offence has been committed, he or she will either conduct the investigation himself or instruct a subordinate police officer to do so. In relation to the relevant offence, thispolice officer will have all the authority of an officer in command of the police station. A woman police officer or any woman officer must record the statement made by a woman where it relates to any of the offences under Sections 326-A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E, or 509 of the Indian Penal Code, 1860 that are claimed to have been committed or attempted. First Information Report (FIR) or the first information of a cognizable offence to the officer in charge of a police station is covered under section 154 of Cr.P.C. Although the word FIR is not defined in the code, it refers to the oral information or written information on the conduct of a cognizable offence that is provided to the police station at the earliest possible moment. An FIR is an essential documents for both the parties prosecution and defence. It serves as the case initial foundation. Section 155 Of Cr.P.C. Information as to Non – cognizable cases and Investigation Of Such Cases Section 155 of Cr.P.C says that, When information is given to an officer in charge for the commission of a non-cognizable offence, within the limits of such station regarding a non- cognizable offence, he shall enter the information in a book to be kept by such officer in suchform as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. No police officer will Investigate a non-cognizable case without the order of the Magistrate having power and jurisdiction to try such cases for trial. Under the Criminal Procedure Code, Section 155, no police officer can investigate a case that is not identifiable without the permission of the magistrate concerned. When a policeman asks the magistrate for permission, it is not necessary for him to automatically grant permission. In these cases, it is open to the Magistrate to either grant permission or refuse to grant permission but should offer reasons for his decision, In a trial before the High Tribunal. Any police officer after receiving such an order specified has the power to exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station holds in a cognizable case. Non-cognizable offences are more so considered as private wrong and therefore, the code considers that it is important that the investigation is ordered by the Magistrate. It is also important to note that in cases where a person has committed two or more than two crimes amongst which one of the offences falls under cognizable offence, then in such a case the combined case is treated as a cognizable offence and treated under the procedure of a non-cognizable offence.  Day – 15 Date : 13/06/2023 Time : 11 AM Today on 13/06/2023, with our guide Advocate Ranabir Sarkar we went to the court of Judicial Magistrate First Class And we observed some cases in which mostly are the cases of appearance in different cases and some were cases relating to bond surety. Later on we went to the chamber of our guide where he give us a brief about some offences relating to women like domestic violence, sexual harassment,eve teasing, stalking and etc. After the discussion he gave us some advises to improve our self and also give us some feedbacks of our performance in this legal internship program. He then give us our internship certificate along with his best wishes for our future. Domestic Violence Domestic violence, also known as “Cruelty by husband or his relatives” (Section 498A of the Indian Penal Code), is a criminal offense that occurs when a husband or his relatives subject a woman to physical, emotional, sexual, or economic abuse. The abuse can take many forms, including but not limited to physical beatings, verbal abuse, and economic exploitation.Section 498A of the Indian Penal Code specifically states that “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.” This provision allows for immediate arrest of the accused by the police without conducting any preliminary investigation. A wife can file a criminal complaint against the husband and his family on the basis of cruelty done by them. It Is important to note that Section 498A applies to a wide range of actions, including harassment, emotional abuse, and cruelty with the intent to force a woman to meet any unlawful demand for property or money. The section also applies to any actions taken by the husband or his relatives that are intended to cause harm or injury to the woman or her relatives. It is also worth noting that under this section, the wife has the right to get a protection order and residence order for herself and her children. The court also has the authority to order the husband to pay maintenance to the wife and children. Stalking Stalking as defined under the Section 354D IPC occurs when man repeatedly approaches a woman for the personal connections, even after the lady has made it obvious that she is not interested in getting to know him. This also covers online stalking as well which means monitoring her usage of internet, email or other types of electronic communications. There are further exceptions to it, they are as follows:   If a man pursued a woman as a part of his responsibility to a state to detect the crime or prevent it from happening.  To follow any instructions or rules issued by a person with the legal authority.  Any other circumstances that would allow his actions to be defended as reasonable. In accordance with this section, the punishment which is prescribed for stalking is three years simple or grievous imprisonment and fine for the first offence and a subsequent offence has sentence of five years of imprisonment and fine. Eve teasing Eve teasing is a civil wrong. The perpetrator causes injury to the plaintiff mentally as well as physically. It is an encroachment on the Women’s Right to Privacy and her dignity. Though there are certain provisions in the Indian Penal Code, which describes and define eve teasing. Section 294 of the Indian Penal Code (hereinafter referred as the IPC) says that “Whoever, to the annoyance of others- (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song; ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. Section 354 provides for the punishment for the offences involving force intended to outrage the modesty of a woman coupled with the intention to outrage her. Furthermore, Section 509 of the IPC says, “Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending, that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both”. There are certain provisions for the preventions of Sexual Assault cases; ironically, the term eve teasing is not mentioned anywhere in the Indian Penal Code; as Eve teasing is an attitude, mindset, and a particular set of behaviour.  Conclusion It was a wonderful and learning experience for me while working on this legal Internship Program. It took me through the variable phases of project development and gave me real insight into the world of JUDICIARY.The joy of work and thrill involved while taking the various problems and challenges gave me a feel of developers industry. I enjoyed each and every bit of work I had put into this Internship Program.The activities that I learned during my internship are useful for me in future to face challenge in a new environment. I am again very much thankful to my mentors for providing me , this wonderful opportunity.