Tamil Nadu National Law University: Course Objectives

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TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established under the Tamil Nadu Act No. 9 of 2012)


Dindigul Main Road, Navalurkuttapattu
Tiruchirappalli 620 027
Tamil Nadu, India

B.A. LL.B. (H) / B.COM. LL.B. (H)

COURSE SYLLABUS

LAW OF CRIMES II (CRIMINAL PROCEDURE CODE)

Course Objectives

Procedural Law providing for a fair procedure is significant for a just society. 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 student with organization of the functionaries under the Code, their power and functions
at various stages and the procedure according to which these powers and functions are to be
exercised.

The students will also undertake the study of two cognate Acts as a part of this course viz.;
Juvenile Justice Act and Probation of Offenders Act. In additions the course teacher shall
endeavour to familiarize the students with the case paper like FIR, Police statement, charge
sheet, etc.

Learning Outcomes

● To have an advanced and integrated understanding of the elements and rules of


Criminal Procedure;
● To Identify, explain and apply the principles of criminal law covered in the course;
● To  access, use, interpret complex statutory material to solve criminal law problems;
● Have a detailed understanding of human rights influences upon criminal
procedure;

Teaching Methods

The teaching methodology used is a judicious blend of lectures, seminars, case discussions,
group presentations.Modern teaching aids such as LCD projectors, computer aided
instructions, films, video, and audio tapes are used. The teaching and instructional methods
used at the University to encourage students for self learning in the form of practical
assignments and projects.

Introduction MODULE 1
a. History of the Code - Nature, Object and Scope of the Code –Frame work of the Code
- Operation of the Code
b. Basic Concepts: Bailable Offence, Non-Bailable Offence, Cognizable Offence, Non-
Cognizable Offence, Complaint, Charge, Police Report, Inquiry, Investigation, Trial,
Summons case and Warrant Case.
c. Functionaries under the code: Public Prosecutor and Assistant Public Prosecutor;
Classes of Criminal Courts – Powers of Court– Powers of Superior Officers of the
Police – Aid and Information by Public

Arrests, Bail, Pre-Trial Proceedings MODULE 2

a. Arrest of Persons without Warrant –Procedure to be followed on Arrest including


Medical Examination and Rights of an Arrested person - Provisions as to Bail and
Bonds
b. Process to compel Appearance of Person: Summons - Warrant of Arrest -
Proclamation and Attachment
c. Process to compel production of things: Summons to produce things - Search Warrant
– Other provisions relating to search and seizure
d. Information to the police and their powers to investigate -Conditions requisite for
initiation of proceedings - Complaints to Magistrates - Commencement of
proceedings before Magistrates

Trial Proceedings I MODULE 3

a. Jurisdiction of the Criminal Courts in Inquiries and Trials


b. Framing of Charges and Joinder of Charges
c. Trial before a Court of Session - Trial of warrant cases by Magistrates- Cases
instituted on a Police Report and Cases instituted otherwise on a Police Report - Trial
of Summons - Cases by Magistrates - Summary Trial inclusive of Cheque Dishonour
cases and Plea Bargaining
d. Attendance of persons confined or detained in Prisons– Evidence in Inquiries and
Trials: A) Mode of taking and recording evidence B) Commission for the examination
of Witnesses

Trial Proceedings II MODULE 4

a. General provisions as to enquiries and trials


b. The Judgment and Sentences under the code – Submission of Death sentence for
confirmation With emphasis on Referred Trial
c. Appeals – Reference and Revision – Transfer of Criminal Cases
d. Execution, Suspension, Remission and Commutation of Sentences: A) Death sentence
B) Imprisonment with emphasis on Default sentence C) Levy of fine D) General
provisions regarding Execution E) Suspension, Remission and Commutation of
Sentences
e. Inherent powers of High Court and Power of superintendence by High Court over
Judicial Magistrates
Preventive Provisions and Special Acts MODULE 5

a. Reciprocal Arrangements for assistance in certain matters of procedure for attachment


and forfeiture of property
b. Security for keeping peace and Good behavior – Suspected Persons- Habitual
offenders
c. Order for Maintenance of Wives, Children and Parents – Alteration in allowance –
procedure and Enforcement of order of Maintenance
d. Maintenance of Public Order and Tranquility: A) Unlawful assemblies B) Public
Nuisance C) Urgent cases of nuisance or apprehended danger D) Disputes as to
Immovable property and Preventive action of the Police
e. Juvenile Justice System: Salient Features of Juvenile Justice (Care and Protection of
Children) Act, 2000 – Procedure under this Act- Treatment and Rehabilitation of
Juveniles- Protection of Juvenile offenders.
f. Probation: Salient Features of Probation of Offenders Act, 1958 – Procedure under
this Act - Supervision – Conditional Release and procedure in case of offenders
failing to observe conditions of bond- Suspension of sentence

Prescribed Legislations

1. Code of Criminal Procedure, 1973 with 2013 amendments


2. Juvenile Justice (Care and Protection of Children) Act, 2000
3. Probation of Offenders Act, 1958

Essential Readings

1. Justice Chandramouli Kumar Prasad and NamitSaxena, Ratanlal and Dhirajlal’s The
Code of Criminal Procedure (22ndedn., Lexis Nexis 2017).
2. K. N. Chandrasekharan Pillai,R.V. Kelkar’s Criminal Procedure (6thedn., Eastern
Book Company 2014).
3. S.N.Misra,The Code of Criminal Procedure, 1973 (20thedn., Central Law Publications
2016).
4. K.D.Gaur,Textbook on The Code of Criminal Procedure (Universal Law Publishing
2016).
5. Batuk Lal, The Code of Criminal Procedure (Central Law Agency 2017).

Additional Readings

1. K.I. Vibhute, D. D. Basu’sCriminal Procedure Code, 1973 (2 Volumes, 6thedn., Lexis


Nexis 2017).
2. M.L. Singhal: Sohoni’s Criminal Procedure Code (5 Volumes, 22ndedn., Lexis Nexis
2018).
3. Surendra Malik &Sudeep Malik: Supreme Court on Criminal Procedure and
Criminal Trial – (5 volumes, Eastern Book Company 2018).
4. Ratanlal & Dhirajlal: Criminal Procedure Code (Elaborated Edn) (Lexis Nexis).
5. Ravi Subramaniyam – Criminal Law Handbook (CTC Publications 2013).
6. B.B.Mitra, Code of Criminal Procedure (2 Volumes, Kamal Law House).
7. S.C. Sarkar, The Code of Criminal Procedure (2 vol., 10thedn., Lexis Nexis
ButterworthsWadhwa 2012).
8. Ram Jethmalani,The Code of Criminal Procedure (2 Vol., Thomson Reuters 2015)
9. Woodroffee, Code of Criminal Procedure (2 Vol., Law Publishers(India) Pvt. Ltd.
2014)
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