LIST OF ABBREVIATIONS

& And

CrPC The Code Of Criminal Procedure

Hon’ble Honourable

IPC Indian Penal Code

@ at

Rs. Rupees

Sec. Section

LJ Lord Justice

AC Appeal Cases

AIR All India Reporter

Co. Company

SCR Supreme Court Report

U.O.I Union of India
 STATEMENT OF FACTS

In this case a writ petition preferred under article 32 of Constitution of India. The petitioner
youth Bar Association had prayed for issue of writ in the nature of Mandamus, directing UOI
and States to upload each and every FIR (first information report) registered in all the police
stations within the territory of India on the official website of Police of all states, as early as
possible, preferably within 24 hours from the time of registration of the FIR.
 ISSUES RAISED

ISSUE I :-

 WHETHER TO ISSUE AN APPROPRIATE WRIT IN THE NATURE OF

MANDAMUS?

ISSUE II :-

 WHETHER THE WRIT ISSUED BE AN ORDER OR DIRECTION DERECTING

THE RESPONDENTS TO UPLODE EACH AND EVERY “FIRST INFORMATION
REPORT” LODGED IN ALL THE POLICE STATION WITHIN THE TERRITORY
OF INDIAIN THE OFFICIAL WEBSITES OF THE POLICE OF ALL STATES?

ISSUE III :-

 WHETHER SUCH FIR BE UPLODED AS EARLY AS POSSIBLE, PREFERABLE

WITHIN 24 HOURS FROM THE TIME OF LODGING?
 SUMMARY OF ARGUMENTS

 WHETHER TO ISSUE AN APPROPRIATE WRIT IN THE NATURE

OF MANDAMUS?

The counsel for Union of India, submitted that the directions issued by the High
Court of Delhi can be applied with certain modifications.

 WHETHER THE WRIT ISSUED BE AN ORDER OR DIRECTION

DERECTING THE RESPONDENTS TO UPLODE EACH AND
EVERY “FIRST INFORMATION REPORT” LODGED IN ALL THE
POLICE STATION WITHIN THE TERRITORY OF INDIAIN THE
OFFICIAL WEBSITES OF THE POLICE OF ALL STATES?

The counsel appearing for State of Uttarakhand submitted that FIR in respect of
certain offences which are registered, like sexual offences and the offences under
POCSO may be difficult to be put on the website.

 WHETHER SUCH FIR BE UPLODED AS EARLY AS POSSIBLE,

PREFERABLE WITHIN 24 HOURS FROM THE TIME OF
LODGING?

The counsel appearing for North eastern states of Meghalaya, Mizoram and Sikkim
submitted that insurgency would be a sensitive matter and it would not be possible on
part of the said states to upload the FIR within 24 hours.
 STATEMENT OF JURISDICTION

The Respondents humbly submits to the jurisdiction of this honourable Supreme Court as
invoked by the petitioners under Article 32 of the India Constitution, 1950.
 ADVANCED ARGUMENTS

 WHETHER TO ISSUE AN APPROPRIATE WRIT IN THE NATURE

OF MANDAMUS?

The counsel for Union of India, submitted that the directions issued by the High Court of
Delhi can be applied with certain modifications.

Mandamus is a judicial remedy in the form of an order from a court to any governments,
subordinate court, corporation, or public authority, to do some specific act which that body is
obliged under law to do, and which is in the nature of public duty, and in certain cases one of a
statutory duty. In India article 32 and 226 of the constitution gives power to the Supreme Court
and High Court to issue Writs in case of breach of fundamental rights by any citizen of the state

By such writs the judiciary can control administrative actions and prevent any kind of arbitrary
use of power and discretion. 

Mandamus lies against authorities whose duty is to perform certain acts and they have failed
to do so.

 WHETHER THE WRIT ISSUED BE AN ORDER OR DIRECTION

DERECTING THE RESPONDENTS TO UPLODE EACH AND
EVERY “FIRST INFORMATION REPORT” LODGED IN ALL THE
POLICE STATION WITHIN THE TERRITORY OF INDIAIN THE
OFFICIAL WEBSITES OF THE POLICE OF ALL STATES?

The counsel appearing for State of Uttarakhand submitted that FIR in respect of certain
offences which are registered, like sexual offences and the offences under POCSO may be
difficult to be put on the website.

The Act seeks to protect children from offences such as sexual assault, sexual harassment, and
pornography.
Penetrative sexual assault:
Under the Act, a person commits "penetrative sexual assault" if he:
 penetrates his penis into the vagina, mouth, urethra or anus of a child
 makes a child do the same
 inserts any other object into the child's body
 applies his mouth to a child's body parts.
The punishment for such offence is imprisonment between seven years to life, and a fine.
The Bill increases the minimum punishment from seven years to ten years. It further adds that if
a person commits penetrative sexual assault on a child below the age of 16 years, he will be
punishable with imprisonment between 20 years to life, with a fine.

The Act defines certain actions as "aggravated penetrative sexual assault". These include cases
when a police officer, a member of the armed forces, or a public servant commits penetrative
sexual assault on a child. It also covers cases where the offender is a relative of the child, or if
the assault injures the sexual organs of the child or the child becomes pregnant, among others.
The Bill adds two more grounds to the definition of aggravated penetrative sexual assault.

These include:
 assault resulting in death of child, and
 assault committed during a natural calamity, or in any similar situations of violence.

Currently, the punishment for aggravated penetrative sexual assault is imprisonment between
10 years to life, and a fine. The Bill increases the minimum punishment from ten years to 20
years, and the maximum punishment to death penalty.

Under the Act, "sexual assault" includes actions where a person touches the vagina, penis,
anus or breast of a child with sexual intent without penetration. "Aggravated sexual assault"
includes cases where the offender is a relative of the child, or if the assault injures the sexual
organs of the child, among others. The Bill adds two more offences to the definition of
aggravated sexual assault.
These include: (i) assault committed during a natural calamity, and (ii) administrating or help in
administering any hormone or any chemical substance, to a child for the purpose of attaining
early sexual maturity.

 WHETHER SUCH FIR BE UPLODED AS EARLY AS POSSIBLE,

PREFERABLE WITHIN 24 HOURS FROM THE TIME OF
LODGING?

The counsel appearing for North eastern states of Meghalaya, Mizoram and Sikkim
submitted that insurgency would be a sensitive matter and it would not be possible on part of
the said states to upload the FIR within 24 hours.
 PRAYER

IN THE LIGHT OF FACTS STATED, ISSUES RAISED, ARGUMENTS ADVANCED,

REASONS GIVEN AND AUTHORITIES CITED, THIS HONOURABLE COURT MAY BE
PLEASED TO:

 THAT THE FIR COPY OF CERTAIN CASES LIKE RAPE, TERRORISM AND
POSCO ACT SHOULD NOT BE UPLODED IN THE WEBSITE.
 THAT ALL THE NORTH EASTERN STATES HAVE A BENEFIT TO UPLODE
THE FIR AFTER THE 24 HOURS.

AND PASS ORDER, DIRECTION, OR RELIEF THAT MAY DEEM FIT IN THE INTEREST
OF JUSTICE, FAIRNESS, EQUITY AND GOOD CONSCIOUS FOR WHICH THE
COUNSELS SHALL FOREVER PRAY.

IN THE HONOURABLE SUPREME COURT OF INDIA .

Youth Bar Association of India                                        ……PETITIONER

VERSUS

Union of India                                                              …....RESPONDENT

ON SUBMISSION TO THE SUPREME COURT OF INDIA

 Memorial Submitted on behalf of The Respondent

INDEX AUTHORITIES

 LEGISLATION

 Indian Penal Code 1860

Code of Criminal Procedure 1973

LEGAL WEABSIDES
 
1. www.manupatra.com
2. www. Indiakanoon.org
INDIAN INSTITUTE OF LEGAL STUDIES

Topic: YOUTH BAR ASSOCIATION OF INDIA V. UNION OF

INDIA

Subject: INDIAN PENAL CODE

Submitted by: Arunangsu Chanda

Supervised by: Rupendra Tamang

[Asst. Prof. In law]
 Course: B.B.A. LL.B.
Sem: 5
Roll no. :24
ACKNOWLEDGEMENT

First and foremost, i would like to thank to our supervisor of this project
Rupendra Tamang for the valuable guidance and advice. He inspired us greatly to
work in this project. Her willingness to motivate us contributed tremendously to
our project. I also would like to thank her for showing us some example that
related to the topic of our project.
Besides I would like to thank our librarian of the college for providing us with a
good environment and facilities to complete this project.
Finally,an honourable mention goes to our families and friends for their
understanding and support.

Teachers sign: Students sign:

Date: Date: