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NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

INTERNSHIP DIARY

SUBMITTED TO: SUBMITTED BY:


MS. DIPSHI SWARA TUSHAR RANJAN
901(A)
INTRODUCTION
Factual and Analytical Information about the internship I started interning with the Advocate from July
10, 2019. His chamber is located at Ranchi Court. From the very first day, I was given an insight into how
things work in the practical sphere. I was advised to take note of everything that happens in a courtroom.
On the very first day, I was taught the traits of a good advocate. Time management, quick effort with well
thought action, and meeting with deadlines; were the few things that I had to take note of. My internship
began with a brief note on the procedural difference between Criminal and Civil Matters. The criminal
procedure is provided in the CrPC and the civil procedure is in the CPC. The Code of Criminal Procedure
(CrPC) is the main legislation on procedure for the administration of substantive criminal law in India. It
was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation
of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence
of the accused person and the determination of punishment of the guilty. Additionally, it also deals with
public nuisance, prevention of offences and maintenance of wife, child and parents.
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings
in India. The Code is divided into two parts: the first part contains 158 sections and the second part
contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to
general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that
govern civil proceedings in India. During the 30 days of my internship, the things I learned during my
internship can be enumerated as:
1. FILING OF A VAKALATNAMA
Vakalatnama, also called Vakilpatra (VP), is a document, by which, the party filing the case authorizes
the Advocate to represent on their behalf. A vakalatnama gives a lot of authority to the pleader. It should
be executed by the client with great care and scrutiny. Order III of the Civil Procedure Code, 1908 provides
under rule 4(1) that “No pleader Shall act for any person in any Court unless he has been appointed for
the purpose by such person by a document in writing signed by such person or by his recognized agent or
by some other person duly authorized by or under a power-of-attorney to make such appointment”.
2. FILING OF COURT FEES
I was asked to go to the court fees counter with a senior, and file the required documents with the
appropriate court fees. This step educated me about the procedure and its nitty gritty details.
3. FILING A BAIL BOND
I was also taught how to file a bail bond for a criminal case under Section 138 of Negotiable Instrument
Act.
4. OBSERVING CLIENT DEALINGS AND DRAFTING
I observed various client dealings and one of them was settling of terms of Divorce by mutual consent
under Section 13B of Hindu Marriage Act, 1955. I also assisted the advocate in drafting of various plaints
and written statements under Negotiable Instruments Act, Consumer Protection Act, Hindu Marriage Act,
Domestic Violence Act and Hindu Guardian and Wards Act.
5. FRAMING OF ISSUES
Issues are framed by the court, based on which arguments and examination of witness takes place. They
are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the
purview of "Issues". Issues may be of Fact or of Law. While passing final order, the court will deal with
each issue separately, and pass judgment on each issue. Before I joined the internship, the cases with my
advocate had either already started or were on their initial stage. So I could not actually witness how
framing of issues is done.
6. MAINTAINING LIST OF DEFENCE WITNESSES
Defence witness notices. It requires the accused in a criminal case to give the prosecutor and the court a
notice indicating whether he or she intends to call any witnesses at trial and giving details of those.
DAY 1
I was introduced to the advocate Mr. Vikas Kumar, and then we went on to continue with the daily hearing
process where he would submit an attendance slip to the court master to get their attendance register for
the case he is appearing and the client he is representing.
CASE 1
B.A./6018/2020
RAKESH KUMAR BIYAR ALIAS RAKESH BIYAR ALIAS RAKESH MAHTO
V.
THE STATE OF JHARKHAND
Here, the accused Rakesh Kumar filed a bail application in the court where allegedly he has been caught
with 200 kg of prohibited marijuana in his truck from where he was also arrested. The substance has been
prohibited under the NDPS Act which criminalizes any kind of possession of it. My advocate argued that
there is no evidence submitted by the defense where it can be sure that the accused arrested was at the
crime scene, with mobile tower information favoring the accused.
The Hon’ble judge accepted the location argument and gave another date for further hearing where he
asked our advocate to produce certain documents assisting the court in this very matter.
CASE 2
In the case of Sahil Suri v. Shriya Chawla, the matter was listed in the Family Court of Ranchi District
Court situated in Ranchi. It was a divorce case before the Principal Judge, R.P. Pandey. Brief facts of the
case are Sahil Suri and Shriya Chawla were married to each other.
● They were living in Ranchi but shortly after the marriage, Shriya saw that her husband was always
trying to avoid her.
● Her husband deliberately tried to create misunderstandings so that Shriya would leave him.
● The husband as we got to know was having an extramarital affair and therefore, he always tried to fight
with his wife on petty issues.
● Even the in-laws did not support her. But Shriya was adamant about staying with her matrimonial family
and she did not leave her house.
● Eventually when it became unbearable for her, she went to her parent’s house. And therefore, the divorce
petition was filed by her husband. I went to the Family Court along with other interns and we observed
the proceeding. On that day, written arguments were filed by our sir. And a further date was given to us.
DAY-2
On the second day, I reached the court and discussed the day’s cases with the advocate where I enquired
about the remaining cases of yesterday and any upcoming ones. We went to CBI court, where he was
mentioned in the Vakalatnama, although, he did not argue, but we both attended the court.
CASE 1
I was given a case file to study and it was Chetan Kakkar v. Vibhu Kakkar brief facts of this case are, that
both the parties were married to each other and they had a son out of their wedlock. Wife after some time
started asking for a separate house from the husband. She did not like to stay with her in-laws. She used
to even ask for expensive gifts which the husband could not afford but eventually under pressure and
because he loved his wife, he gave in to her demands. After their son came into this world, the husband
thought things might now change and maybe she would stop asking for a separate house. But again, the
same did not happen as she was adamant about her decision to get a separate house. When the husband
did not fulfill her wish, she started torturing the husband. She left the matrimonial house with their son
and told him that she would only come back if he got a separate house. The husband cannot leave his
parents alone in their old age and therefore, he did not agree to her and filed a divorce case along with the
custody of their son.
The court gave another date for further proceedings and made it clear that it would incline toward the
welfare of their child and would pursue the divorce revolving around it.
DAY 3
CASE 1
In the case of State vs. Vasudev Bhatia, the matter was listed for arguments as per section 245(2) of the
Code of Criminal Procedure for the discharge of the one amongst the accused. But the prosecution sought
time for producing certain documents which were said to be locked and sealed in a trunk and that was
done without any explanation or any reason for taking such step and locking/sealing those documents. An
application for the cancellation of a non-bailable warrant was given in the court. Although, the warrant
application needed some time and the court said that there seems to be a valid ground for the application,
what lacks is the gravity of the offense.
CASE 2
In Ranchi court, a matter was listed for framing of charges in a criminal case, primarily involving S. 420
IPC (cheating) and S. 120B (criminal breach of trust). The police had filed a charge sheet implicating the
accused of the crime and so had kept him in column 11 of the chargesheet. No charges were framed against
the father of the accused, alleged to be co-accused in this case by the complainant, so his name was kept
in column 12 of the charge sheet. Arguments were held on behalf of the accused to get both of them
discharged, however, the court discharged only the father of the accused considering that the police did
not find his involvement in its investigation and the complainant could not put forth any credible proof of
his involvement. At the time of framing of charges victim/ complainant was also summoned. The matter
of framing of charges was being held for the last three hearings. The court got prima facie satisfied with
the allegations and framed charges under:-
1. Whether crime of cheating under section 420 IPC is proven against the accused beyond a reasonable
doubt?
2. Whether the crime of criminal breach of trust under section 120B IPC proved against the accused
beyond a reasonable doubt?

DAY 4
CASE 1
DETAILS OF THE CASE: This was a maintenance suit under Section 125, The Code of Criminal
Procedure, 1873 by a wife against her husband. As the maintenance case was pending another application
for interim maintenance was filed. The husband had acted with cruelty for the last three years. He had also
thrown her out of the matrimonial house thrice. But after compromises wife was rehabilitated. Later, the
husband stopped giving maintenance to the wife and children. Rs 10,000 was claimed on behalf of the
wife plus school fees and basic maintenance charges for the children as maintenance. As the proceedings
were taking time another interim application was made due to urgent need as the wife was facing financial
difficulties.
PROCEEDINGS IN THE COURT: The date was fixed for the cross-examination of the husband. His
statement was supposed to be recorded but before lunch time my lawyer was busy and couldn’t attend the
proceedings. The court gave time after lunch for the cross-examination. Meanwhile, the accused waited
in the court for some time. After lunch when my lawyer went for the examination the counsel of the
accused gave a medical certificate on the behalf of accused. The accused had already left. The next date
of hearing was after one and a half months from the present date.
In the end, I was also made to understand that while dealing with your client one should not forget that
the legal profession should not be treated “only” as a “source of livelihood”, rather at the same time, one
should not forget his duty towards society, which obligation, in the capacity of an advocate, increases
when, the litigant belongs to needy and lower strata of the society and further, is sometimes even illiterate.

CONCLUSION
In the end, I would like to opine that the real legal practice is absolutely different from the theoretical
version of law which we study. Without exposure to the real word, one cannot understand the analytical
and positive application of law and jurisprudence and the actual function and structure of law. What we
study is the body, but what we have learnt from his internship is the mechanism of this body. I was
surprised to see how the simplest of laws were applicable in the most difficult of situations and how
loopholes leave so much scope for evaluation and improvisation today in this field. I also observed that
law is everything but constant but with the same soul as that of a human. In other words or as that of our
counsel, laws may come and law may repeal, but they must always stay true to our original values and in
case of law, they must always be faithful to the constitution, which is the most supreme law of the land
and governs all equals and unequal’s in respect of each other. With a vote of thanks and gratefulness for
reading this report thoroughly and for giving me this wonderful opportunity to grow my vision in this
field, I conclude this report with a great lot in my mind. My sir has specifically warned me regarding cross
examination of the witnesses in the criminal matter to be very cautious as (what not to be “asked” is more
important than (what is to be asked) from the witnesses.

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