Syllabus LC 1001 Criminal Procedure Code

  

Fifth Year B.A. LL.B.    - Semester X 

Fifth Year B.B.A. LL.B.  - Semester X 

Third Year LL.B.      - Semester VI

LC 1001 Criminal Procedure Code : 

Objectives of the Course : The procedural law providing for a fair procedure is significant for a just society. The Criminal Procedure has to be just, fair and reasonable to the accused as well as to the victims. At the same time it confronts a crises of intrusion into individual rights in order to protect the common weal. The criminal process involves increasing expenditure of government resources. Criminal procedure, thus, makes a balance of conflicting interests. Thus, a duty is imposed on all those who are connected with the working of the criminal process to abide by the law and to exercise discretion conferred on them in the best manner. The main object of the course is to familiarize students with the working of the criminal justice delivery system and also to make them understand the significant riddles of the procedure. The course is aimed at driving home the students how the pre-trial, trial and the subsequent process are geared up to make the administration of criminal justice effective. The Course will acquaint the students with organisation of the functionaries under the Code of Criminal Procedure, 1973, their powers and functions. The teacher, in addition, shall endeavor to familiarize the students with the case papers like, FIR, Police statement, charge sheet, etc.

 

Module 01	Introduction - Criminal Procedure Code : 1.     Objects, Application and Definitions under the Code 2.     The rationale of criminal procedure: the importance of fair trial 3.     Constitutional perspectives - Article 14, 20 and 21 4.     Organisation of police, prosecutor, defense counsel and prison authorities and their duties, functions and powers
Module 02	Some Basic Concepts of Code of Criminal Procedure : 1.     Distinction between - a)     Cognizable and non-cognizable offence b)    Warrant and summons c)     Bailable and Non-bailable d)    Compoundable and Non-compoundable 2.     Arrest with and without warrant - a)     The absconder status b)    Rights of the accused person
Module 03	Provision for Investigation : 1.   Arrest, Search and Seizure 2.   Processes to Compel Appearance 3.   Information to Police 4.   Power to Investigate
Module 04	Process to Compel Appearance and Production of things :

 

	1.             Summons for Appearance 2.             Warrant of arrest 3.             Proclamation and attachment 4.             Other rules regarding processes 5.             Summons procedure 6.             Search Warrants 7.             General provisions as to search and seizure 8. Miscellaneous
Module 05	Proceedings before Magistrate : 1.    Conditions requisite for initiation of proceedings 2.    Complaints to Magistrates 3.    Commencement of proceedings before Magistrates 4.    Provisions as to enquiry and Trial 5.    Security Proceedings
Module 06	Charge : 1.     Framing of charge 2.     Form and content of charge 3.     Separate charges for distinct offence 4.     Discharge - pre-charge evidence 5.     Final Report
Module 07	Trials and Execution Proceedings : 1.   Conception of fair trial 2.   Trial before a court of session 3.   Trial of warrant cases by magistrates 4.   Trial of summons cases by Magistrates 5.   Summary Trials 6.   Provision as to Bail 7.   Submission of death sentences for confirmation 8.   Execution, suspension, remission and commutation of sentences
Module 8	Judgment : 1.     Form and content 2.     Post-conviction orders in lieu of punishment - emerging penal policy 3.     Compensation and cost 4.     Modes of providing judgment 5.     Certified copy of judgment
Module 9	Appeal, Review, Revision : 1.     No appeal in certain cases 2.     The rational of appeal, review and revision 3.     The multiple range of appellate remedies - a)     Supreme Court of India b)    High Court c)     Sessions Court d)    Special right to appeal
	e) Governmental appeal against sentencing 4.     Judicial power in disposal of appeals 5.     Legal aid in appeals 6.     Revisional Jurisdiction 7.     Transfer of cases
Module 10	Miscellaneous Provisions : 1.     Maintenance of wives, children and parents 2.     Transfer of criminal cases 3.     Irregular proceedings 4.     Limitations of taking cognizance 5.     Compounding of Offences and Plea-bargaining 6.     Security for peace and good behaviour 7.     Maintenance of Public order and tranquility
Module 11	The Probation of Offenders Act, 1958 : 1.     Object, Application and definitions under the Act 2.     Power of court to release certain offenders after admonition 3.     Power of court to release certain offenders on probation of good conduct 4.     Power of court to require released offenders to pay compensation and costs 5.     Restrictions on imprisonment of offenders under twenty-one years of age 6.     Variation of conditions of probation and procedure in case of offender failing to observe conditions of bond 7.     Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision 8.     Removal of disqualification attaching to conviction 9.     Probation officers – appointment, duties and report

 

Recommended Books :

1.     Chandrasekharan Pillai, (Ed.), Kelkar’s Outline of Criminal Procedure, Eastern Book Company, Lucknow.

2.     Ratanlal and Dirajlal, Code of Criminal Procedure, LexisNexis.

3.     Woodroffe, Commentaries on Criminal Procedure Code, Universal Law Publishing, Delhi.

4.     Chandrasekharan Pillai ed., Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow.

5.     D. D. Basu, Criminal Procedure Code 1973, Vol I & II, LexisNexis (2017).

6.     Sarkar on Criminal Procedure Code, Vol I & II, LexisNexis.

7.     N.K. Chakrabarti, Probation System in the Administration of Criminal Justice, Deep & Deep Publications (1995).

Note for Syllabus of all Subjects : 

1.     The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.  

2.     The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.