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DLSA Bhopal: Free Legal Aid Overview

The District Legal Services Authority (DLSA) in India provides free legal services to the public, focusing on legal aid, awareness, and conflict resolution through Lok Adalaths. The Legal Services Authorities Act of 1987 established DLSA and other legal aid authorities to ensure access to justice, particularly for marginalized groups, and outlines eligibility criteria for legal aid. Landmark Supreme Court cases, such as M.H. Hoskot vs. State of Maharashtra and Khatri vs. State of Bihar, have reinforced the right to free legal aid as part of the right to a fair trial under Article 21 of the Indian Constitution.

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0% found this document useful (0 votes)
68 views35 pages

DLSA Bhopal: Free Legal Aid Overview

The District Legal Services Authority (DLSA) in India provides free legal services to the public, focusing on legal aid, awareness, and conflict resolution through Lok Adalaths. The Legal Services Authorities Act of 1987 established DLSA and other legal aid authorities to ensure access to justice, particularly for marginalized groups, and outlines eligibility criteria for legal aid. Landmark Supreme Court cases, such as M.H. Hoskot vs. State of Maharashtra and Khatri vs. State of Bihar, have reinforced the right to free legal aid as part of the right to a fair trial under Article 21 of the Indian Constitution.

Uploaded by

shreya098-24
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Introduction

District Legal Service Authority (DSLA)


In India, the District Legal Services Authority (DLSA) is an organization that offers the
general population free legal services. Every district in the state has its own DLSA. The ex-
officio Chairman of the DLSA is the district's district judge.

Functions of DSLA:-
Legal aid
For those who qualify, the DLSA offers legal aid. This covers protection centers, legal
assistance, and legal counsel.
Knowledge of the law

Legal awareness
Through seminars and events, the DLSA raises general awareness of the law.

Lok Adalaths
Lok Adalaths are arranged by the DLSA to resolve conflicts amicably. A court ruling is
equivalent to a settlement achieved in the Lok Adalaths.

Mediation
To assist individuals in resolving conflicts, the DLSA offers mediation services.

Article 21
Article 21 of the Indian Constitution guarantees the fundamental right to protection of life
and personal liberty..
Protection of life and personal liberty. No person shall be deprived of his life or personal
liberty except according to procedure established by law.

Article 39A
Article 39A imposes an obligation on the State to provide free legal aid to ensure access to
justice for all citizens. Legal aid is defined as “such legal aid” as may be provided by the state
under the Legal Services Authorities Act, 1987 or any other law for the time being in force.
It mandates the Indian Government to create an authority for providing legal aid at the
national level and one for each state/ union territory at their respective levels. The national
authority shall be called National Legal Services Authority (NALSA) and all other authorities
shall be called as State Legal Services Authority (SALSA). National Legal Services
Authority shall assist other state legal services authorities in the establishment of their legal
services committees at the state level.

The Legal Services Authorities Act of 1987 was enacted by the Parliament of India to
establish legal services authorities aimed at providing free legal aid to eligible individuals.
The act came into force on November 9, 1995, and its purpose is to ensure that justice is
accessible to all, especially those who are disadvantaged or marginalized.
The Act establishes three authorities to achieve its objectives: National Legal Services
Authority (NALSA), state legal services authority (SLSA), and District Legal Services
Authority (DLSA). The act also established three committees: Supreme Court Legal Services
Committee, High Court Legal Services committees, and Taluka legal services committees.
Section 12 of the act
Section 12 of the Legal Services Authorities Act, 1987 outlines the criteria for eligibility for
free legal services. It states that individuals from certain disadvantaged groups are entitled to
such services.
This includes:-
(a) member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or beggar as referred to in Article 23 of the
Constitution;
(c) a women or a child;
(d) a person with disability as defined in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of
1996);
(e) a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(g) Someone in custody, whether in a protective home, juvenile home, or psychiatric facility;
(h) in receipt of annual income less than rupees nine thousand or such other higher amount as
may be prescribed by the State Government, if the case is before a court other than the
Supreme Court, and less than rupees twelve thousand or such other higher amount as may be
prescribed by the Central Government, if the case is before the Supreme Court.

Composition of DSLA:
Chairperson: The District Judge of the district is the ex-offcio chairperson of the DLSA.
Secretary: A Civil Judge (senior division) or Chief Judicial Magistrate is appointed as the
secretary of the DSLA.
Members: The DSLA may also have other members, such as social workers, lawyers, and
representatives of NGO’s, who are appointed by the State Government with the Chief Justice
of High Court.
Case laws regarding free legal aid

M.H. Hoskot vs. State of Maharashtra (1978)

This was a landmark Supreme Court case that reinforced the right to a fair trial under the
Indian Constitution.

Background:
M.H. Hoskot, an undertrial prisoner in Maharashtra, couldn’t afford a lawyer for his trial. He
argued that his conviction was unfair because he didn’t have legal representation, which he
believed violated his right to a fair trial under Article 21 of the Constitution.

Key Issues:

1. Is the right to free legal aid part of the right to a fair trial under Article 21?
2. Do undertrial prisoners who can’t afford a lawyer have the right to free legal aid?

Supreme Court’s Ruling:


The Court ruled in Hoskot’s favor, saying that the right to free legal aid is essential to a fair
trial. It recognized that if someone can’t afford a lawyer, they must be provided legal
assistance. This judgment emphasized the state’s responsibility to ensure that everyone,
especially undertrials, gets proper legal representation.

The Court also suggested setting up legal aid committees to help those in need, which later
led to the creation of the Legal Services Authorities Act, 1987, to institutionalize the system
of legal aid.

Significance:
This case was crucial in recognizing that the right to free legal aid is a fundamental right tied
to a fair trial. It expanded the scope of Article 21 to include legal representation as an
essential part of justice.

In short, the Hoskot case ensured that everyone, regardless of their financial situation, has the
right to a fair trial, and it helped pave the way for a structured system of legal aid in India.

Khatri vs. State of Bihar (1981)

This is a crucial Supreme Court case about undertrials' right to free legal aid and the state's
responsibility to inform them of this right.

Facts:
In this case, undertrial prisoners in Bihar were held in jail without being informed about their
right to free legal aid under the Legal Services Authorities Act, 1987. They argued that this
violated their right to a fair trial under Article 21 of the Indian Constitution.

Key Issues:

1. Are undertrials entitled to be informed of their right to free legal aid?


2. Is it the state's duty to inform them of this right?

Supreme Court’s Decision:


The Court ruled in favor of the petitioners, making several key points:

 Right to Free Legal Aid: The Court confirmed that undertrials who can’t afford a
lawyer have a constitutional right to free legal aid as part of their right to a fair trial
under Article 21.
 State's Duty: The Court emphasized that the state must inform undertrials about their
right to legal aid and ensure they get legal representation if they cannot afford it.
 Fair Trial: The Court stressed that a fair trial cannot happen without legal
representation. If an accused person cannot afford a lawyer, the state is obligated to
provide one.
 Legal Aid Committees: The Court recommended the establishment of legal aid
committees to assist undertrials and marginalized groups.

Significance:
The Khatri case expanded the understanding of Article 21, ensuring that access to justice,
including legal representation, is a fundamental right. It highlighted the state’s responsibility
to ensure undertrials are aware of their rights and have access to legal aid. The judgment
influenced the Legal Services Authorities Act, 1987, which institutionalized legal aid for
those in need.

Conclusion:
This case strengthened the idea that the right to free legal aid is a part of the right to a fair
trial under Article 21. It made it clear that the state must inform undertrials of their rights and
provide legal assistance when necessary, helping to lay the foundation for the country’s legal
aid system.

Hussainara Khatoon vs. State of Bihar (1979)

This is a landmark Supreme Court case that focused on the rights of undertrials—people who
were arrested but not yet convicted—and the overcrowded, unfair conditions they faced in
prisons.

Background:
Hussainara Khatoon, along with other undertrials, was stuck in a Bihar prison for years
without being tried or convicted. They were often kept in jail longer than the maximum
sentence they would have received if convicted. This case was brought before the Supreme
Court to challenge this injustice.

Key Points:

 Right to a Speedy Trial: The Court ruled that everyone has the right to a speedy
trial, and being held for too long without one violates this right.
 Prolonged Detention: The Court found that keeping people in jail for years without a
trial was a violation of their fundamental rights.
 Release of Undertrials: The Court ordered the release of undertrials who had been
detained longer than they would have been if convicted.
 State's Duty: The state must make sure trials happen quickly and that undertrials
know their rights, including the right to legal aid.
 Legal Aid: The Court also stressed the importance of providing free legal help to
undertrials who couldn’t afford a lawyer.

Why It’s Important:


This case recognized the right to a speedy trial and free legal aid as part of the right to life
and liberty (Article 21). It helped pave the way for legal aid systems and highlighted the
need for fair treatment of people in custody, especially those who can’t afford a lawyer.
In short, the Hussainara Khatoon case changed the way the justice system viewed the rights
of undertrials, leading to fairer treatment and faster trials for those who had been waiting too
long for their day in court.

6th January 2025

Me and my fellow interns were taught and asked more to learn about some basic concepts
and words that would enhance our understanding of the court and procedure.

Cognizable offences

They come under crime and are the type of offences where the police have the authority to
arrest the accused without a warrant and start an investigation without permission from a
court. These offences are generally considered more serious and include crimes like murder,
rape, theft, and assault.

 Cognizable offences works as, When a cognizable offense occurs, the victim files a First
Information Report (FIR) with the police.
 The police register the FIR and investigate it.
 The police can arrest the accused without a warrant.

Non Cognizable offences

Non-cognizable are criminal offences of less intensity where the police cannot arrest
someone without a warrant or start an investigation without permission from a magistrate.
Like the offences of defamation, minor assault or battery, intimidation, etc.

Bailable offences

Bailable offences are the crimes for which the accused has the right to be granted bail. So, if
one is arrested for a bailable offence, they can typically secure their release from police
custody by paying a set amount of money (the bail amount).

Bailable offences are usually considered less serious, and the law allows you to apply for bail
either before or after your arrest. For these crimes, the court is more likely to grant bail to
ensure the accused can await trial outside of jail. Example- simple assault, defamation, theft
of minor value, etc.

Non bailable offences-

non-bailable offences are more serious crimes where the right to bail is not automatically
granted. If one is arrested for a non-bailable offence, the police or magistrate can decide
whether to grant bail based on the nature of the crime, evidence, and other factors like
whether they pose a flight risk. Example-rape, murder, kidnapping

Compoundable offences
Compoundable offences are crimes where the victim and the accused can come to an
agreement, and the victim can withdraw the complaint or settle the case with the consent of
the court. Essentially, these offences can be "compounded" or settled by the parties involved,
usually with compensation or some other agreement. Example- simple assault, wrongful
restraint, cheating, etc.

Non compoundable offences

Non-compoundable offences are crimes where the victim cannot withdraw the charges or
settle the case with the accused. These offences are more serious in nature, and even if the
victim and the accused reach an agreement, the case must continue in court. The court
decides the outcome, and the accused cannot escape legal action just because the victim
agrees to settle. Example- rape, murder, grievous hurt, etc.

FIR

FIR stands for First Information Report. It is a written document filed with the police when a
cognizable offense is reported. The police register the FIR and begin investigating the crime.
Complaint
A complaint is a formal written or verbal statement made by a person (the complainant) to
the police or a court about an alleged offence or wrongdoing. It can be about a cognizable or
non-cognizable offence.
Investigation
An investigation is a thorough and official process, typically carried out by the police or law
enforcement, to dig deeper into a crime. The aim is to figure out if a crime has actually
happened, identify the person responsible, and gather the evidence needed for court.
Inquiry
An inquiry is a more relaxed process. It’s usually conducted by a magistrate or an authorized
official (like a committee or a government representative) to collect information about an
event or issue. An inquiry often happens before any full investigation or legal action takes
place, mainly to clarify things and decide if further action is necessary.
Under trial
Undertrials are individuals who have been accused of committing a crime and are awaiting
trial in a court of law, but have not yet been convicted. They are held in jail or detention
while their legal case is pending. Undertrials may be in prison either because they cannot
afford bail or because the court has not yet decided whether they are eligible for bail.

Stages of criminal trial


I and my fellow mates were made to be aware about the stages of criminal trial.
Depending upon the case, a criminal trial has several stages:-
1. Commission of a crime.
2. Information to the police or complaint to the magistrate.
3. Registration of FIR.
4. Investigation by the police. (police gathers the evidence of the crime)\
5. Arrest of the accused on the apprehension that the accused may flee or may tamper
the investigation. In case of cognizable and non- bailable offences, the accused, the
accused is immediately arrested after filing of an FIR.
6. The accused is produced before the magistrate. The accused may be sent to judicial
custody, i.e. prisons, or may be sent to the custody of police for further investigation
(it is called “remand”)
7. Remand of the accused to the police for completion of investigation for a period of 15
days.
8. Charge-sheet is filed post completion of investigation by the police bringing forward
the charges under the substantive criminal law. It shall be filed within 60/90 days
from the date of the arrest of the accused.
9. Court takes a decision on the charge-sheet after hearing the prosecutor and defence
counsels.
10. A charge is framed by the court and the accused pleads guilty or pleads not guilty.
The accused may also enter into a plea bargaining agreement.
11. Punishment is imposed if the accused pleads guilty.
12. If the accused pleads not guilty, the matter enters the criminal trial.
13. Criminal trial has the following stages;
a. Prosecution evidence
b. Statement of the accused
c. Defence evidence
d. Final argument
14. Judgement by court- guilty or not guilty.
15. In cases where the accused is found guilty, there is the next hearing on sentence
wherein the accused may plea for a lesser sentence on mitigating circumstances like
this is the first offence of the accused, etc.
16. Judgement is passed on sentence and can be appealed in the High Court.
17. Judgement of the High Court may be appealed in the Supreme Court.
18. Execution of the sentence.

7th january 2025

Case 1
Reena ma’am briefed us with the following case:-
State vs. Ankur Bange
Sections-
498A IPC
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 purposes of this section, "cruelty means"

(a) anywilful 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.]
Section 306 IPC: abetment to suicide
If any person commits suicide, whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Section 120B IPC
Section 120B of the Indian Penal Code (IPC) of 1860 deals with the punishment for criminal
conspiracy. It states that anyone who is involved in a criminal conspiracy is liable to be
punished in the same way as if they had committed the offense.
Deceased- Madhuri Bhagyashree
Accused – Ankur
Facts of the case:-
The accused married the deceased on 6/6/22 in the city of Nasik where the deceased is
originally from.
After the marriage she moves from Nasik to Bhopal to live with her in laws, being Rekha
bhange and Suresh Bange
On 3/10/23 after 1 year and 4 months of marriage, the victim hangs herself
The victim throughout the course of living with the in laws had made multiple calls to her
father insinuating that she doesn’t want to live there.
The husband used to work at petrol pump leaving for work at 7 am in the morning and
coming late at around 9 pm in the night, same goes for the mother as mother used to work as
well with the same working hours.
8th and 9th January 2025

Workshop on mental health care act


 The workshop was held on the two dates. It was regarding the mental health care act
and about the awareness of mental health.
 Distinguished guests were called to elaborate on the matter and give their guidance.
 Background:-
 2016- right to persons with disabilities act
 The mental health care act was passed in 2017 but come into force in 2018 in India
 This act included people with mental disabilities and established a committee in the
assistance of the same.
 Before this the mental health act was 1987 was in force which oversaw many
inconsistencies and had some problems.
 India signed the UN Convention on the Rights of Persons with Disabilities
(UNCRPD) on March 30, 2007. The UNCRPD is an international treaty that protects
the rights of people with disabilities.
 As a result of this India had to change its laws regarding disabilities. Before 1987,
seven disabilities were covered including mental illness and retardation however , the
act did not cover many other disabilities and as an outcome the new act brought some
changes which included covering of disorders like autism spectrum disorder and
dyslexia. The act also brought a new assessment criteria with diving the illness into 4
broad categories which included, mental illness, mental retardation, learning
disabilities and, autism.
 However illnesses like depression and anxiety are not valid for the benefit of the
scheme.
The evaluation of the disabilities are done on the basis of:-
-self care
-interpersonal relations
-communication and understanding
-work
-duration
 Mental health certificates are usually given for the time period
The illnesses on the basis of intensity and evaluation can be divided on the basis of
- Mild
- moderate
- severe
- Profound

Legal Help Under Section 100 of the Mental Health Act, 2017:

Under Section 100 of the Mental Health Act, 2017, if a police station suspects that a person
has a mental illness, they are required to present the person before a magistrate for further
evaluation.

Additionally, if anyone suspects that a person may have a mental disability or mental health
issue, they can inform the police, magistrate, or relevant help institutions for support and
intervention.

Mental Illnesses and Awareness:

Mental illnesses can be categorized based on the person's awareness of their condition:

 Neurosis: In this category, the person retains insight into their condition and is aware
of the mental health issue they are experiencing.
 Psychosis: Individuals with psychosis, on the other hand, lack awareness of their
condition. They may experience delusions (false beliefs) and hallucinations, and are
often socially withdrawn.

Types of Admission under the Mental Health Act:

 Independent Admission (Section 86 of the Act): This applies when a person is


aware of their mental health condition and voluntarily requests admission to a facility
for treatment.
 Supported Admission: This is for individuals who may not want to be admitted or
are unaware of their mental health condition. In such cases, support is provided to
facilitate their admission.

The Role of the Human Rights Commission:

The National Human Rights Commission (NHRC) of India was established in 1993, with
one of its key responsibilities being oversight of mental health institutions across the country.

In 2013, the Commission visited various mental health facilities and found the conditions to
be in poor shape. Based on their observations, the NHRC submitted a report with 20 specific
recommendations, or "prayers," urging improvements.

Challenges with the Mental Health Care Act:

While the Mental Health Care Act of 2017 was theoretically sound, it faced significant
practical challenges and inconsistencies that contributed to poor conditions in mental health
care facilities. These gaps in implementation hindered the effectiveness of the Act.

District-Level Mental Health Support:

Under the Act, at the district level, Mental Health Review Boards (MHRBs) were
established to provide free medication to individuals with mental disabilities. Additionally,
hospitals were dedicated to mental health treatment, ensuring better care and support for
those in need.

10th January 2025


Case- state v/s Nitesh

Court-s9

Me and my fellow mates were taken to court by Reena ma’am where I learned the procedure
of the court and observed how the proceedings actually work

I witnessed the cross examination of the witness which was going on learned about the type
of witnesses.

Eye witness

An eyewitness is someone who was actually present during an event or incident and saw it
unfold firsthand. Their testimony is valuable because they can share details based on their
own experience, offering important information about what really happened.
For example, if someone witnessed a car accident, they could describe exactly how it
occurred and provide insights that help clarify the facts of the case.

Expert witness

An expert witness is a person with specialized knowledge or skills in a specific area that’s
relevant to the case. They offer their professional opinion or explanation on complex issues,
helping the court understand technical details that may be outside of a layperson’s
knowledge.

For example, a forensic scientist might testify about the results of DNA testing, or a medical
expert might explain the nature of injuries sustained in an accident. Their input helps the
court grasp aspects of the case that require expertise.

A police or investigative witness

A police or investigative witness is a law enforcement officer or investigator who played a


role in the investigation of a case. Their job is to share details about the investigation process,
the evidence gathered, and the actions they took while working on the case.

For example, a police officer might testify about how they arrested a suspect or how they
collected evidence at the crime scene, offering key insights into the investigation.

Lay witness

A lay witness is someone who doesn’t have specialized knowledge or training but provides
testimony based on what they’ve personally seen, heard, or experienced. They stick to the
facts, sharing what they know firsthand, without offering opinions or interpretations.

For example, a neighbor might testify that they saw someone near the scene of a crime,
simply describing what they observed without speculating on what it might mean.

Hearsay witness

A hearsay witness is someone who talks about what they’ve heard from someone else, rather
than sharing something they’ve directly seen or experienced. In legal terms, hearsay happens
when someone repeats something they’ve been told by another person, and it’s being used in
court to prove that what was said is true. These witness statements may not always be
admissible in courts as it’s hard to determine its credibility.

Case-

Reena ma’am briefed us about the following case:-

State vs atul nihale

Accused- Atul Nihale

Age- 25 years
suspects:-

Basanti Bai, mother of the accused

Chanchal, sister of the accused

Victim- 5 year old girl

Charges:-

Sec103, BNS
Sec 65(2)
Sec 64(2)
Sec 64(2)(1)
Sec 64(2)(2)
Sec 238 (a)
Sec 5(8), 5(m), 5 (4) POCSCO act
Sec 23 evidence act

Date of crime- 24/9/24


Body discovered on- 26/9/24

Facts of the case-


 5-year-old girl lived in a multi-complex and studied in an Anganwadi.
 The girl went missing around 11:30 am on a Tuesday morning.
 Despite searching, the girl could not be found, so her family filed a missing person
complaint with the police.
 Based on the missing person report, a kidnapping case was registered.
 Police personnel were assigned to search for the girl, but no leads were found.

 Forty-eight hours after the girl went missing, her body was discovered in a
neighbouring flat, approximately eight feet away from her home.
It is suspected thet the accused raped the victim and then murdered her
Nature of death:-
 Homicidal death
 Sexual assault
 Pelvic injury
11th January 2025

Did administrative work in helping with calls to the candidates of an interview for a post in
DLSA which was postponed.
Case:-
Went to court for the case of state v/s Sandeep ptajapati
Court- DJM session court
Section- 329 IPC
ST no. 855/22
Observed the cross examination of the witnesses
Two witness- 1. Doctor
2. eye witness

13th January 2025

Went to court with Reena ma’am and shreyash sir.

The hearing of the case of Ankur bange vs the state was going on.

Court-G6

Judge- Vinay Kumar Bhardwaj

15 January 2025

Reena ma’am briefed us about the case of Brajesh Rangeela

Complainant- Reenu (sister of the victim)

Victim- Rajkumar

Accused- Brajesh, Rajesh, Anil and, Sunil

Facts of the case:-

 Reenu, the sister of the victim, was at home with her mother and brother, Rajkumar.
 The accused, Brajesh and Rajesh, arrived at their house and began assaulting
Rajkumar. Using weapons like rods.
 During the altercation, the accused forcibly snatched Reenu’s earring, causing her ear
to bleed.
 Shortly after, Anil and Sunil joined Brajesh and Rajesh.
 Together, they dragged Rajkumar out of the house while continuing to beat him.
 One of the assailants struck Rajkumar on the head with a brick, causing severe
injuries.
 The commotion and screams attracted the attention of neighbors.
 Witnesses Anish and Kaushar arrived at the scene.
 Before leaving, the accused threatened to kill Rajkumar the next time they
encountered him.
 Due to the severe injuries and heavy bleeding, Rajkumar succumbed to his wounds
while being transported to the hospital.
Sections:-
Sec 323 IPC
Section 323 of the Indian Penal Code (IPC) deals with the punishment for intentionally
causing hurt to another person. The punishment for this offense includes imprisonment, a
fine, or both.
Sec 452 IPC
Section 452 of the Indian Penal Code (IPC) deals with the punishment for house-trespass
committed with the intention of causing hurt, assault, or wrongful restraint.
Sec 307 IPC
Section 307 of the Indian Penal Code (IPC) deals with the offense of attempt to murder.
Sec 302 IPC
Section 302 of the Indian Penal Code (IPC) deals with the punishment for murder.
Sec 506 IPC
Section 506 of the Indian Penal Code (IPC) deals with the punishment for criminal
intimidation.
Sec 34 IPC
Section 34 of the Indian Penal Code (IPC) of 1860 states that when multiple people commit a
crime in pursuit of a common intention, each person is equally responsible for the crime. This
is known as the doctrine of joint liability.
Sec 148 IPC
Section 148 of the Indian Penal Code (IPC) deals with rioting while armed with a deadly
weapon or something that could cause death.
Sec 149 IPC
Section 149 of the Indian Penal Code (IPC) deals with the liability of members of an
unlawful assembly for offenses committed in pursuit of a common goal.
Shreyash sir informed us about the difference between jail or judicial custody and the police
lockup.
Jail or Judicial custody

Jail or judicial custody is when someone is placed in a jail or prison, usually after a court has
ordered it. This happens when a person is formally arrested and their case is being processed.
They might stay there while awaiting trial or until their case is resolved. The duration can
vary, and people in judicial custody have more rights, like access to lawyers and family visits.

Police lockup

On the other hand, police lockup is a temporary detention at a police station, usually for a
short period (24-48 hours). It happens during the early stages of an investigation, while the
police figure out if they’ll formally charge the person. People in lockup don’t have as many
rights as those in judicial custody, and they’re typically held for a much shorter time.

16th january 2025

I did some administrative work which included putting in data entries in the excel sheet.

I and my fellow internship mates went to court for the observation of trail of the case of Atul
Nihale v/s the State.
Court- f-17

Judge- Kumdani Patel

We witnessed the cross examination the mother of the victim.

Also of the police investigator Yogita Jain.

Place of occurrence of the crime- shajahanabad, Bhopal

17th January 2025

Case- State v/s Bahadwi Bahida.

Court- G-2

Witnessed the cross examination of the witness

Did administrative work

20th January 2025

Went to court to witness the cross examination of the case of Arun Singh

Court- G-A

Case 2
State vs Ansall Ali
RT no. 19048/19
Witnessed the cross examination
Learned about Arms act sec 25

21st January 2025


Case:-
State v/s Surendra Ratre
Witnessed the cross examination

22nd January 2025


Case- State v/s Ronak Maure
Judge- Manoj Kumar shrivastav
ST no. 463/24
Section:-
Sec 302 IPC
Sec 201 IPC
Witnessed the cross examination of in chief witness
Case 2:-
State v/s Viren Bharti
ST no. 79/20
Court-f-18
Witnessed the cross examination of in chief witness and the documents verification
VISITS

1. MAHILA POLICE THANA


2. COMMISSIONER OFFICE
3. KISHOR NYAY BOARD
4. COLLECTORATE OFFICE
5. BAK KALYAN SAMITI
6. SHASKIYA BAL GRAH BALIKA BHOPAL
7. ONE STOP CENTER SAKHI
8. CENTRAL JAIL BHOPAL
9. SOS VILLAGE KHAJURI KALAN
MAHILA POLICE THANA

During my internship at the District Legal Services Authority (DLSA) in Bhopal, I had the
opportunity to visit the Women’s Police Station (Mahila Thana), which plays a vital role in
handling cases related to the rights and safety of women. The station focuses on addressing
the unique needs of women in distress through various specialized facilities.

The visit began with an introduction to the Facilitation Window, the first point of contact for
women seeking help. It ensures immediate assistance and directs victims to the appropriate
department. We then toured the Investigation Room, where cases are recorded and
investigated with sensitivity and discretion. The police office area (Thana Karyalay) was also
discussed, highlighting its importance in maintaining records and coordinating day-to-day
operations.

A significant part of the visit was learning about the Counseling Rooms. One room focuses
on marital disputes, while another is dedicated to family counseling, offering alternatives to
legal action through guided discussions. The Women's Complaint Room provides a private
and supportive environment for women to file complaints, ensuring their voices are heard.

Additionally, we visited the Anti-Human Trafficking Unit (AHTU), which works to combat
trafficking and provide support to victims. The station also has a Kids' Room, designed to
keep children safe and entertained when their families are involved in legal processes.

Mahila Thana, established on July 26, 2003, is located in Jahangirabad, Bhopal. ASI Ram
Varan Singh gave us a detailed tour of the station’s various sections, including the reception,
registration decks, computer room, and coordination office. The station also houses a
storeroom, feeding room, social support room for counseling, and the Vivechana Kaksh for
victim statements. Notably, Mahila Thana is the only women’s police station in Madhya
Pradesh and the first in the country to be ISO certified, with 90% of its staff being female. A
large portion of the cases here are referred to the DLSA for further support.
COMISSIONER OFFICE
As a part of my internship the second place I got the opportunity to visit was the
commissioner’s office or the police Aayukt karyalaya. The office serves as the headquarter
for police’s operation throughout Bhopal. During my visit to the Bhopal Police Headquarters,
I gained valuable insights into the city’s policing system, especially the Commissionerate
System, which was introduced to enhance law enforcement efficiency. This system has
significantly improved the police’s ability to manage operations and respond quickly to
incidents.

We learned about the city's advanced CCTV Monitoring Room, where around 800-900
cameras are used to monitor key areas, traffic, and detect violations in real-time. This helps
the police ensure public safety and respond promptly to incidents. Additionally, we were
introduced to the 100 Dial Monitoring Room, which plays a critical role in emergency
response. When a complaint is made through the 100 Dial system, it’s immediately recorded
and sent as a text message to the relevant police station, prompting a rapid response from
patrol units.

We also explored the Audio-Video or Media Conferencing Room, equipped for virtual
communication between officers, courts, and other legal entities, making the process of
hearings and conferences more efficient. The headquarters also includes a courtroom where
legal matters pertaining to the police force are addressed.

The organizational structure of Bhopal Police is divided into four zones, each led by a
District Deputy Commissioner of Police (DCP), with specialized units for intelligence, crime,
and traffic management. We were introduced to Hari Narayanchari, the Commissioner of
Police, who gave us an overview of the workings of the headquarters. Additionally, we were
shown the courtroom used for addressing cases like Jila Badar, a power now held by the
Commissioner of Police since 2021. The CCTV surveillance room, covering key city squares,
also serves as vital evidence for accidents or incidents.

We were fortunate to hear from Additional CP Pankaj Shrivastava, who explained the basics
of the office's operations, highlighting the integrated approach the police take toward
ensuring law and order in Bhopal.
KISHOR NYAY BOARD OR THE JUVENILE JUSTICE BOARD

My third visit was to the juvenile justice board which is government bodies that deal with
children who are accused of committing a crime.

The Juvenile Justice Board (JJB) plays a crucial role in safeguarding the rights and well-
being of children involved in legal proceedings. Its functions are multifaceted and are
centered around the protection of children's rights throughout the entire legal process.

Key responsibilities of the JJB include:

 Protecting the rights of the child: Ensuring that the rights of the child are upheld at
every stage of the process.
 Informing and involving the child and their family: Making sure that the child,
along with their parent or guardian, is fully informed about the legal process and can
actively participate in the proceedings.
 Providing legal aid: Ensuring that the child has access to legal representation to
ensure a fair trial.
 Offering translation or interpretation services: If the child does not understand the
language being used in the proceedings, the JJB ensures that an interpreter or
translator is available to bridge the communication gap.
 Directing social investigations: Ordering a social inquiry into the background and
circumstances of the child involved, which can inform the final decision.
 Adjudicating cases: Deciding on the outcomes of cases involving juvenile offenders,
and ensuring that all legal processes are adhered to.
 Ensuring compliance with the Juvenile Justice Act: The JJB ensures that all
proceedings and decisions comply with the Juvenile Justice Act, which focuses on
rehabilitation rather than punishment for minors.

Role in the process:


From the moment a child is brought before the JJB, it takes charge of the case and oversees
the legal process until it is concluded. During the inquiry process, the child is typically placed
in an observation home, though they may be released based on the law or court orders. If the
child is found guilty, they are placed in a special home or a place of safety designed for their
rehabilitation.

Purpose:
The fundamental purpose of the JJB is to transform the juvenile justice system by
decriminalizing the approach to juvenile offenders. Instead of focusing solely on punishment,
the JJB emphasizes rehabilitation and social reintegration. The board aims to create a more
supportive environment for minors, helping them to reintegrate into society and encouraging
their positive development.
COLLECTORATE OFFICE

My third visit was to the collectorate office of Bhopal.

The collectorate serves as the main office for a senior local government official, known as the
collector or district magistrate, and acts as the central hub for district administration. Here are
some of the key functions and responsibilities that take place at the collectorate:

 Law and order: The collector is responsible for ensuring the maintenance of law and
order within the district, overseeing policing and security arrangements.
 Planning and development: The collector plays a crucial role in the planning and
implementation of developmental projects in the district, addressing the region’s long-
term growth.
 Revenue administration: The additional collector manages the district’s revenue
matters, including land administration, civil supplies, and overseeing the management
of mines and minerals.
 Developmental activities: The joint collector focuses on a wide range of
developmental areas such as health, social welfare, housing, and other public services
to improve the living conditions in the district.
 General administration: The district revenue officer is tasked with handling the
daily administrative functions of the collectorate, ensuring smooth operation and
coordination of various government departments.
 Land acquisition and revenue: The collector is responsible for acquiring land for
public purposes and managing the collection of land revenue to support district
governance.
 Land records: Accurate and up-to-date land records are maintained by the collector,
ensuring proper documentation and management of land ownership and transactions.
 Issuance of statutory certificates: The collector has the authority to issue various
important certificates, including those related to nationality, domicile, marriage, and
social categories like SC/ST.
BAL KALYAN SAMITI

The Baal Kalyan Samiti, also known as the Child Welfare Centre, was established in 2015
with the aim of addressing the needs of children in difficult situations. Initially consisting of
just two members, the committee expanded to five members on January 25, 2015. The centre
focuses on the welfare of children between the ages of 0 to 18, providing them with a range
of essential services, including food, water, and accommodation.

The centre is equipped to cater to children of all age groups within this range. It includes
specialized facilities such as shelters for children with special needs, as well as Shishu Grah
(children's homes) for younger children, specifically those aged 0 to 6 years. One such Shishu
Grah is located in Nehru Nagar and exclusively caters to female children.

To support female children from underprivileged backgrounds, the Gauravi One Stop Centre
functions as a counselling and support centre, particularly aimed at the slum areas of Bhopal.
For families where both parents are working, there is an open centre that offers a safe place
for children to stay while their parents are at work.

The Vishesh Kishor Police Ekai is another essential part of the Child Welfare Centre,
focusing on cases involving children in conflict with the law. This multi-faceted approach
ensures comprehensive care and protection for children in need across various segments of
society.

Overall, the Baal Kalyan Samiti plays a crucial role in the protection, care, and rehabilitation
of children in Bhopal, providing them with not just shelter, but also education, support, and
legal protection.
SHASKIYA BAL GRAH BALIKA BHOPAL

The "Shaskiya Baal Samprekshan Grah Balika" (Government Observation Home for Girls),
situated in Nehru Nagar, Bhopal, is a government-operated facility dedicated to the care,
protection, rehabilitation, and overall well-being of girls under the age of 18. This institution
is primarily focused on providing a safe and supportive environment for girls in need,
whether they are at risk or have come into conflict with the law.

Functions:

1. Legal Framework: The institution operates in compliance with the Juvenile Justice
Act, 2015 (amended in 2021), and the Juvenile Justice Model Rules, 2016 (amended
in 2022). These laws ensure that the rights and welfare of children in conflict with the
law are protected and that they are provided with necessary services for their
rehabilitation.
2. Services Provided:
o Psychological and Legal Counseling: The home offers essential mental
health support and legal aid to help girls navigate both their emotional
challenges and legal issues. Professional counselors and legal experts are
available to guide them through the process.
o Rehabilitation and Vocational Training: The institution focuses on
rehabilitation by providing various vocational training programs. These
initiatives aim to equip the girls with skills that will help them become self-
sufficient and reintegrate into society after their stay.
o Medical Care: Regular health checkups and medical care are provided to
ensure the girls' physical well-being. The institution prioritizes their health and
ensures they have access to necessary treatments.
o Substance Abuse Recovery: The home offers de-addiction services for those
dealing with substance abuse issues, helping them recover and regain control
over their lives.
3. Nutrition and Food Standards:
o Each girl in the institution receives a monthly allowance of ₹3000 allocated
for food and nutrition.
o Meals are prepared in accordance with the nutritional guidelines set under
Rule 33 of the Juvenile Justice Model Rules, 2022, ensuring that all girls
receive well-balanced and healthy meals to support their physical growth and
development.
4. Safety and Protection: The observation home provides a secure and supportive
environment, ensuring the safety of girls who need protection or have been involved
in legal matters. It is committed to safeguarding their rights and providing them with a
nurturing space where they can heal and grow.
ONE STOP CENTER SAKHI

The shelter home provides refuge for women and children, including underage girls below
18. It is run by a team of 5 staff members, including 2 case workers and 1 legal advisor.
Residents stay here for 4-5 days under the directive of the Baal Kalyan Samithi or a district
magistrate. During their stay, they receive counseling, emotional support, and legal guidance.
Most of the women seeking shelter are survivors of domestic violence or sexual assault. They
are connected with lawyers to help them file legal cases. For assistance, they can contact the
Women Helpline at 181 or the Child Helpline at 1098.
CENTRAL JAIL, BHOPAL

On 27th January 2025, I visited the central jail of Bhopal. I saw the system and
how the central jails of India operate.

Functions of Central Jails

1. House long-term prisoners: Central jails accommodate inmates sentenced to


imprisonment for extended periods, typically more than two years.
2. Offer rehabilitation programs: They provide rehabilitation services to help
prisoners reintegrate into society.
3. Ensure safety and security: Central jails implement measures to protect the well-
being and security of all inmates.

The central jail had beautiful gardens, a courtyard and the architecture had been designed
with several different rooms given for different activities so that it focuses on rehabilitation of
prisoners and making them better persons before leaving them back into the society.

The jail had several rooms and halls dedicated to specific activities:-

Kapda bunai udyog

Kambal udyog

Painting room

Rasoi ghar where the all the inmates make the food together depending on their duties.

While working the inmates also get wages which they can spend in form of token in canteen.

Other than all this the jail also had a library and also a music center, (sanskritik bhawan)
where the inmates had put up beautiful performances, showcasing their skills.
SOS VILLAGE KHAJURI KALAN

SOS Children's Village Bhopal, established in 1987, is part of the worldwide SOS Children's Villages
organization, which is committed to providing a loving and secure home for children who lack
parental care. Situated in Bhopal, the capital of Madhya Pradesh, India, the village creates a family-
like atmosphere where children are raised by an SOS Mother and supported by an SOS Aunt,
fostering strong sibling bonds within each family home.
Key Features:
 Family-Centered Care: Each child is placed in a family unit with an SOS Mother, ensuring
individualized care and emotional nurturing.
 Education and Holistic Development: Children attend local schools and engage in co-
curricular activities. The village also conducts awareness programs and skill-building
workshops to support their overall growth.
 Community Outreach: The village works with local communities to strengthen families,
aiming to prevent child abandonment and create a supportive environment for children to
flourish.
 Additionally, the SOS Children's Village in Khajuri Kalan, established in 2004 near Bhopal,
specializes in the long-term care and rehabilitation of children with developmental challenges.
This facility provides tailored support, vocational training, and allied services to help these
children integrate into mainstream society.
Through these efforts, the SOS Children's Villages in and around Bhopal play a vital role in offering
vulnerable children a brighter future within a caring and supportive community.

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