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Ritu Pandey   05 September 2024

Murder

My maternal uncle Ravi Ganguly, approx. 45-year-old man, has owned a grocery store in our locality for over 20 years. Recently, a new shop opened nearby, , which caused competition between the two. Over time, their rivalry grew, leading to arguments and tensions which was many a times witnessed by the  customers present there . Both of them accused each other of trying to steal customers and spread bad rumors about their businesses. One evening, after a heated argument over a shared advertisement, Ravi hit the other owner in anger. He fell and hit his head on a sharp object. He was taken to the hospital but died the next day. Ravi claims it was an accident and that the owner had provoked him by insulting him during the fight. However, the police have charged Ravi with murder because witnesses said Ravi acted aggressively. Now this  could result in the death penalty or life imprisonment. The trial began under the old law, but before a verdict was given, the new laws were introduced.

I am want to know that can his  lawyer argue that his case should be reexamined under the new law because my uncle acted in selfdefense and has no criminal history. Can we expect a  lighter sentence under BNS. The prosecution, however, insists that Ramesh’s actions fall under the old law and should be punished accordingly.



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 3 Replies

Saloni Pande   05 September 2024

In this scenario where Mr. Ganguly your uncle, facing the serious charges and fatal altercation with a rival shop owner his lawyers may argue for re-examination under the new law for re-examination focusing on the potential for self-defense.  Generally the new laws do not have any retroactive prospect until stated under the new law. The trial has begun before the introduction of the new laws therefore it is most likely to continue under the same old law, however his lawyers could argue on the specifics of the cases where testimonies of the witness and all available evidence can be submitted before the court.   

As the case is an ongoing one and the new laws came into effect on July 1, 2024; which specify that the ongoing cases would continue under the old laws until the verdict is reached. This ensures a smooth transition and avoids legal complications. As the new laws do not have retrospective effect until mentioned as in the new law.  Certainly the lawyer’s on behalf of Ravi can argue that the cat done by Ravi was in self defence and not a predetermined plan to do so. If any witness present there or any evidence can be of help. Considering the fact that Ravi does not have any proven criminal record and is not of aggressive nature or is a habitual offender and that was an isolate incident.   

Regarding self-defence and sentencing the BNS has various provision.  However until the new law explicitly states that it is applicable to on going cases, it is not likely for Ravi to be re-examined under the new law. The principle of non-retroactivity will be followed by court that means the case will be governed by the laws in effect at the time of incident. For a lenient provision the lawyer need to argue highlighting the lack of Ravi’s criminal history and the provocation of the other owner.

The insistence of the prosecution to apply the old laws is a standard practice for such typical cases.They will argue that Ravi’s actions fall under the old law and should be punished accordingly.

Dr. J C Vashista (Advocate )     06 September 2024

Similar moot court topics have already been posted by the author.

Real Soul.... (LEGAL)     06 September 2024

Just conslut books , this is query section for people suffering in legal track course 


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