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Respondent Memorial Draft

The petitioner ABC created an online game called "Red Ox" that became very popular, especially among children and youngsters in India. Some school-going children between 10-12 years old were found committing suicide after embossing the game's logo on their hands. The State of Pride issued a notice to ABC to withdraw the game, seeing it as a threat to children's lives, but ABC refused, saying the game was protected as free expression. As a result, the state registered criminal charges against ABC under sections 306 and 120B of IPC for abetment of suicide through conspiracy and imposed a nationwide ban on the game under the IT Act. ABC has now approached the Supreme Court of India.

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4K views6 pages

Respondent Memorial Draft

The petitioner ABC created an online game called "Red Ox" that became very popular, especially among children and youngsters in India. Some school-going children between 10-12 years old were found committing suicide after embossing the game's logo on their hands. The State of Pride issued a notice to ABC to withdraw the game, seeing it as a threat to children's lives, but ABC refused, saying the game was protected as free expression. As a result, the state registered criminal charges against ABC under sections 306 and 120B of IPC for abetment of suicide through conspiracy and imposed a nationwide ban on the game under the IT Act. ABC has now approached the Supreme Court of India.

Uploaded by

Kishore Ram
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Late Kusumtai Chavan Memorial

5thNational Moot Court Competition


Memorial for Petitioner

Late Kusumtai Chavan Memorial


5thNational Moot Court Competition
24thFebruary 2018

Before

THE SUPREME COURT OF INDICA

ABC
…PETITIONER

v.

STATE OF PRIDE
…RESPONDENT

[MEMORIAL ON BEHALF OF THE RESPONDENT]


Late Kusumtai Chavan Memorial
5thNational Moot Court Competition
Memorial for Petitioner

Table of Contents

Sl.No Content Page No.


1 Index of Authorities along with Bibliography 1
2 Statement of Jurisdiction
3 Statements of Facts
4 Statement of Issues
5 Summary of Arguments
6 The Arguments Advanced
7
8

Prayer Clause
Late Kusumtai Chavan Memorial
5thNational Moot Court Competition
Memorial for Petitioner

Index of Authorities along with Bibliography

Supreme Court Cases


1. Chiranjit Lal Chowdhury v. Union of India 1950 scr
2. Suicide in India Radhakrishnan R, Andrade C. Suicide:An Indian perspective. Indian J
Psychiatry 2012;54:304-19
3. Netai Dutta vs State of West Bengal
4. Praveen Pradhan V. State of Utranchal
5. Ramesh Kumar V. State of Chandigarh
6. RC Cooper v. UOI
7. Bennett Coleman and Co. v. Union of India AIR 1973 SC 106.
8. United States v. Playboy Entertainment Group Inc, 146 Led 2d 865
9. In Secretary, Ministry of Information and Broadcasting, Govt. of India and Ors. v.
Cricket Association of Bengal and Ors, 1995 2 SCC 161
10. In State of U.P. v. Raj Narayan and Ors.(1975) 4 SCC 428 (Para 74)
11. In Santosh Mittal vs State Of Rajasthan And Ors.( RLW 2005 (1) Raj 486)
12. Kharak Singh v. State of U. P., AIR 1963 SC 1295.
13. In R. P. Limited v. Proprietors, Indian Express Newspapers, Bombay, Pvt. Ltd. (1988) 4
SCC 592, (at page 613)
14. In People's Union for Civil Liberties and Anr. v. Union of India and Ors. (2004) 2 SCC
476
15. Kameshwar Prasad vs. State of Bihar [AIR 1962 SC 1166]
Late Kusumtai Chavan Memorial
5thNational Moot Court Competition
Memorial for Petitioner

[A].LIST OF ABBREVIATIONS

S.No ABBREVIATION EXPANSION

1. ¶ Paragraph

2. AIR All India Report

3. Anr Another

4. Art. Article
5. Cal Calcutta
7. Co Company

8. Ed Edition

9. ER England Reports
11. Ltd Limited

12. M.P Madhya Pradesh


13. Ors. Others
14. Pvt. Private
15. RBI Reserve Bank Of India
16. SC Supreme Court
17. SCC Supreme Court Cases
18. SCR Supreme Court Reports
19. U.O.I Union of India
20. U.P Uttar Pradesh
22. v. Versus
23. Vol. Volume
Late Kusumtai Chavan Memorial
5thNational Moot Court Competition
Memorial for Petitioner

STATEMENT OF JURISDICTION

The petitioners approach the Honorable Supreme Court of India under Article 32 of the Constitution
of India, 1950. The respondents respectfully submit to this jurisdiction invoked by the petitioners.
Late Kusumtai Chavan Memorial
5thNational Moot Court Competition
Memorial for Petitioner

STATEMENT OF FACTS

1. ABC, a company engaged in designing online games have created a game entitled ‘Red
Ox’ which is to be played on mobile phones.
2. The game being challenging in nature, caught immediate attention of the users especially
children and youngsters. It became a big hit and popular among the people throughout the
world including ‘Indica’.
3. The mode of playing the game is- the user has to download the game from app store. He is
required to agree to the terms and conditions of the game. One of such terms and conditions
of the game is that the user has to be above the age of 18 years to register and play the
game.
4. The game became so popular among the youth that even it penetrated into the schools
wherein few school going children around the age 10-12 were found committing suicide
by embossing a logo of Red Ox on their hand.
5. The ‘State of Pride’ identifying it as a threat to the life of children and abusive of life
have issued notice to the company ABC for withdrawing its game from online portal to
which the company responded that they will not withdraw the game as such it do fall
within the six golden freedoms as guaranteed by the constitution. The company replied to
the notice that the object of the game is to make the user more firm and competent at their
decision.
6. The State of Pride after due deliberation have registered a crime under Sec. 306 and Sec.
120B of IPC against the company for abatement of suicide by conspirating with the
administrators, imposed a ban on the game throughout the country U/S 69-A of
Information Technology Act- 2000

HENCE , THE PRESENT MATTER B EFORE THIS H ONORABLE C OURT.

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