TEST

Moot Proposition

1. Dharamrajya, the world’s largest democracy, boasts a rich and diverse legal system deeply rooted in its constitutional framework. Its legal system is a blend of ancient traditions and modern principles, primarily based on the common law system inherited from British rule. Governed by the Constitution of Dharamrajya, which is the supreme law, the judiciary operates independently, ensuring checks and balances among the executive and legislative branches.
2. Dharamrajya has witnessed exponential growth in its technological sector and emerged as a pioneer in digitizing their entire ecosystem. The users of social media platforms, digital media platforms and OTT platforms are ever increasing in this digital environment. Its commendable adaptation of technology has grabbed the attention of the world’s largest technology businesses.
3. U-tube, one such multinational technology conglomerate has entered the Dharamrajya market and has become the most popular social media platform among the inhabitants of Dharamrajya. U-tube allows the user to create and share the photos, stories, and videos with the friends and followers and is heavily relied on by the population of Dharamrajya for their social media needs.
4. Mamta, a 25-year-old woman, is one of the leading influencers on U-Tube with 3 million subscribers and is renowned for her videos promoting a conservative mindset. Through her content, she educates her subscribers on personal growth, the importance of practicing traditional values and religious values and how to conduct themselves in a cultured and respectful manner.
5. She even offers courses aimed at teaching etiquette and ways to embody a disciplined, tradition-oriented lifestyle. Her target audience primarily consists of adolescent girls and young adult women, whom she inspires to embrace personal development while staying rooted in cultural traditions.
6. Mamta lives alone far from her hometown in Mithilapur having deliberately chosen a college far away to carve out a life of her own. Growing up in a family of five siblings three elder sisters and a younger brother, she often felt overshadowed, neglected, and lost in the constant noise and chaos of a crowded household.
7. Narendra, a 26-year-old college student, runs one of the largest U-Tube channels in Dharmaraj, known as “NezuBoy”. NezuBoy is widely recognized for its ground reports, which are meticulously backed by empirical data. The channel has gained significant popularity for its focus on news of public importance and for spreading awareness among its viewers. Also known for his strong moral compass, Narendra ensures that his content not only informs but also educates and empowers people to engage with pressing social issues.
8. Despite catering to a niche audience, his videos consistently attract 600,000 to 800,000 views. Notably, Narendra has not disclosed his identity, and the public remains unaware that he is the person behind NezuBoy. Through his impactful and anonymous reporting, NezuBoy has become a trusted platform for reliable and responsible journalism in Dharmarajya.
9. As Narendra and Mamta were in the same college, they encountered each other during an event in the canteen which sparked a romantic interest in Narendra, who was captivated by her sweet and respectful nature, especially towards elders.
10. Despite rejecting Narendra’s several proposals to become his girlfriend, Mamta eventually accepted after Narendra threatened Rahul (Narendra’s classmate), who was flirting with her, stating that Mamta is going to be his future wife. This incident was conveyed to Mamta by her friend and left Mamta conflicted, as she began to see Narendra’s actions as a sign of his unwavering commitment to her. Eventually, Mamta agreed to enter into a romantic relationship with him, believing that he would marry her.  
11. After spending considerable time with Mamta, Narendra realized that the persona she presented to her viewers was carefully curated rather than a reflection of her true self. While her YouTube channel depicted her as conservative and disciplined, she was a lively and outgoing person who enjoyed partying and often went clubbing late at night. To his surprise, Narendra found himself drawn to this side of her as well. Her energetic and carefree spirit fascinated him, deepening his love as he embraced the many dimensions of her personality.
12. On 16th August 2024, while Mamta and Narendra were on a romantic date at The CookBook Café, Mamta’s attention was drawn to a married couple with children which sparked a conversation between them about their future. In a heartfelt and tender moment, Narendra expressed his long-held desire to name his future children. He expressed his desire to name his son “Gautam” and daughter “Smriti,” reinforcing Mamta’s belief that he was committed to marrying her and building a family together.

1. This conversation was interrupted by Arvind who was Mamta’s schoolmate who came to celebrate his birthday along with his friends. Although the conversation between Narendra and Mamta remained incomplete, it deepened Mamta’s trust in Narendra and solidified her expectations of a long-term relationship.
2. Since it was quite late, Narendra asked Mamta to come to his house as it was nearby. She agreed, and upon reaching there, they engaged in sexual intercourse. As their relationship evolved, they continued to have consensual sexual encounters on multiple occasions. Mamta believed these acts were grounded in a mutual understanding of eventual marriage
3.  On 3^rd January 2025, Mamta asked Narendra to get married to her. Narendra raised a condition that his parents would live with them after marriage. Mamta expressed her reservations about this arrangement, citing personal preferences and the potential impact on their independence as a couple.
4. Mamta, having grown up in a joint family, valued her privacy deeply and did not wish for her future children or herself to experience the same constraints she faced during her childhood. This disagreement further strained their relationship, leading Narendra to decline her marriage proposal.
5. Feeling betrayed and deceived, Mamta filed a criminal case against Narendra under Section 69 of the Bharatiya Nyaya Sanhita, 2023, in the Sessions Court. After the trial, the court acquitted Narendra, delivering a judgment in his favour. Dissatisfied with the verdict, on 20th February 2025, Mamta filed an appeal in the High Court of Mithilapur, seeking to challenge the decision of the lower court.
6. Meanwhile, a Society for Prevention of Cruelty to Men, “Meninist” has challenged the Constitutionality of section 69 of the Bharatiya Nyaya Sanhita, 2023 alleging that it is highly violative of right to equality before law. They contend that women may misuse this law as section 69 is cruel and discriminatory.
7. On 23^rd February 2025, a video of Mamta started doing rounds on U-tube. In this video Mamta could be seen entering a temple wearing inappropriate clothes and arguing with a priest.

• Narendra saw the video which was being circulated and after some consideration and verification of the video from a website called “Fekomat.com”[1] for free, he reposted the same from his account condemning the actions of Mamta.
• The video went viral and it spread like wildfire. Feeling enraged and betrayed by Mamta, people started unsubscribing her U-tube channel and her views dropped significantly, in addition to this she also started getting abusive comments. Mamta, after seeing the uproar reached out to NezuBoy through mail directing him to remove the video or she would file a legal complaint. She did not receive any reply to her mail.
• In response to the silence and non-removal of the video from NezuBoy’s channel, Mamta filed a case of defamation in the lower court, although the viral video was proven to be doctored but the court acquitted Narendra citing that it was not the NezuBoy’s original post, but rather it was sharing of someone else’s already posted video. Mamta aggrieved by this judgement approached the higher court and the court upheld the judgement, now the appeal lies in the High Court of Mithilapur.
• On 20^th March 2025, taking note of the various cases filed by Mamta, and the NGO, the Chief Justice clubbed all the matters together and listed before a high court. The questions before the court are:
• Whether Section 69 of BNS is ultra vires to Constitution of Dhramrajya?
• Whether Narendra can be held liable under section 69 of Bhartiya Nyaya Sahita?
• Whether reposting of the news by Narendra can be considered defamatory?

Note:

This Moot Problem is purely intended for the Moot Court Competition and educational purpose amongst law students.

1. The laws of Union of Dharamrajya are pari materia to the laws of India and no such fact is pari materia to any country. This Moot Proposition is purely a work of fiction and resemblance to any such incidence shall be purely co-incidental.
2. The participants are required to prepare their submissions from each side of the case. They are not allowed to add a new issue.  

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[1] Fekomat.com is a website where a person can check whether a video is an original video or has been edited. The website offers two options for video checking:

1. Free for All: This option is available at no cost but may provide incorrect results for advanced doctored videos.
2. Premium Analysis: This option requires a subscription to the website, which comes at a substantial cost. It provides a more accurate and detailed analysis, leveraging advanced tools to detect video alterations and the error margin is minimized as compared to Fee for All option.

There is also a disclaimer on the website that states: “The results provided by Fekomat.com, whether through the free or premium analysis, are for informational purposes only. Fekomat.com does not guarantee the absolute accuracy of the results and shall not be held liable for any decisions made based on the analysis.”