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CRPC Course Module

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Law of Criminal Procedure (Bharatiya Nagarik Suraksha

COURSE TITLE Sanhita, 2023), Probation of Offenders Act, and Juvenile CREDITS 4
Justice Act
COURSE COURSE
CLAW 213 Core L-T-P 2-0-2
CODE CATEGORY
LEARNING
Version 1.0 Approval Details ASOL BTL-3
LEVEL
ASSESSMENT SCHEME
Semester
During Semester Assessment (DSA) End
Examination
MSE DSA Components Attendance SEE

15% 30% 5% 50%

The Criminal Procedure Code is the bedrock of criminal justice administration. For the purpose
of understanding, the salient features of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023,’
Course includes the procedure for filing FIR; the powers of the police to interrogate a person;
provisions relating to arrests; execution of arrest warrants; issuance of bailable and non-bailable
Description
warrants; issuance of summons to an accused; appearance as a witness in a criminal court;
issuance of summons and search warrant to compel the production of things, documents etc.;
search without a search warrant; seizure; limitation period for entertaining a case against a
person; maintenance of wife, child and parents etc.
1. To help the students understand the applicability of criminal procedure code in legal
mechanism.
2. To enhanfrce the understanding as to code regulates the working machinery of the
Course criminal justice system.
Objective 3. To benefit the students to analyze as to how the investigation is conducted in criminal
cases.
4. To facilitate them to appraise as to how the trial is conducted.
5. To enable them to evaluate and critique challenges faced by the judiciary.
Upon completion of this course, the students will be able to
1. To understand the practical issues related to Criminal Justice System.
2. Demonstrate systematic and coherent understanding of the fundamental concepts,
principles and processes underlying the criminal litigation system in India
Course 3. Analyze the complexities of investigation, Inquiry and Trial Procedure.
Outcome 4. Identify and evaluate the challenges that are being faced under the current criminal
litigation system.
5. Appraise the principles of right to legal representation in Indian criminal trials and to
apply such principles in a factual scenario.
Prerequisites: CLAW 213 Criminal Procedure Code, Probation of Offenders Act and Juvenile Justice Act
CO, PO AND PSO MAPPING
PO PO PO- PO- PO PO- PO- PO- PO PO- PSO- PSO- PSO-
CO PO-9 PO -10
-1 -2 3 4 -5 6 7 8 -11 12 1 2 3
CO-1 2 - 1 - - - - - - - - - - - -
CO-2 3 3 2 - - - - - - - - - - - -
CO-3 - 2 2 3 - - - - - - - - - - -
CO-4 - 3 - - - - - - - - - - - - -
CO-5 - 2 2 - - - - - - - 2 3 - - -
1: Weakly related, 2: Moderately related and 3: Strongly related
MODULE 1: INTRODUCTION (04 hrs)

1.1.1 Jurisprudential essence of Cr.P.C.


1.2.1 Hierarchy & Competency of courts CO-1
1.3.1 Inherent Powers of Court
1.4.1 Distinction between investigation, inquiry & trial
1.5.1 Distinction between cognizable & non-cognizable

MODULE 2: Investigation (12 hrs)


2.1.1. FIR
2.1.2 Occurrence report
2.1.3. Case Diary
2.1.4. Recording of statements of accused & witnesses
2.1.5. Confessions
2.1.6. Remand & default bail
2.1.7. Bail & bond
2.1.8. Police-report:
CO-2
2.1.8. 1 Closure report
2.1.8. 2 Charge-sheet
2.1.8. 3 Further or supplementary investigation
2.1.8. 4Difference between further & re-investigation
2.1.9. Protest petition
2.1.10. Inquest report
2.2. Arrest
2.3. Investigation outside India
2.4. Medical examination of rape victim
MODULE 3: Commencement of Proceedings (04hrs)
3.1.1 Summons for appearance
3.2.2 Warrant of arrest
3.3.3 Proclamation & attachment CO-3
3.4.4. Other rules regarding processes
3.5.5 Summon procedure
3.6.6 Search warrants
3.7.7 Search & seizure
MODULE 4: Trial Procedures (8 hrs)
4.1.1 Cognizance
4.2.1 Complaint proceeding
4.3.1 Issue of process
4.4.1 Charge Framing:
4.4.1.1 Principles of framing charge
4.4.2.1 Previous conviction & enhancement of sentence
4.4.3.1 Material defect in charge CO-3
4.4.4.1Alteration of charge & re-examination of witness CO-4
4.4.5.1Additional prosecution
4.4.6.1Joinder of charges
4.4.7.1Joinder of accused in same trial
4.4.8.1 Stay of charges
4.4.9.1Compounding of offences
4.4.10.1 Withdrawal of prosecution
4.4.11.1 Plea bargaining
MODULE 5: Different Trials (7 hrs)
5.1.1Jurisdiction of court
5.2.1Transfer of cases
5.3.1Trial before a court of Session CO-3
5.4.1 Warrant trial CO-5
5.5.1Summons trial
5.6.1 Summary trial

MODULE 6: Review Procedures (4 Hrs)


6.1.1 Appeal
6.2.1 Revision CO-4
6.3.1 Execution
MODULE 7: Miscellaneous (3 hrs)
7.1.1 Irregularity of proceeding
7.2.1 Maintenance CO-3
7.3.1 Security for peace & good behavior
7.4.1 Maintenance of public order & tranquility
CO-4
7.5.1Victims compensation
Module 8: Probation of Offenders Act (3 hrs)

8.1.1Concept of probation system


8.2.1 Admonition under the PO Act
8.3.1 Release of offenders on probation CO-1
8.4.1 Release of young offenders CO-5
8.5.1 Removal of disqualification attached to probation
8.6.1 Appeal and revision
8.7.1 Removal of disqualification attached to conviction
Module 9: Juvenile Justice Act (3 hrs)
9.1.1 Power, composition, functions and procedure of JJ Board CO5
9.2. 1Order that may or may not be passed regarding or against juvenile
9.3.1 Offences against children
9.4.1 Institutions under JJ Act
9.4.1.1 Observation home
9.4.1.2 Special home
9.4.1.3 Children home
9.4.1.4 Shelter home
TEXT BOOKS
Ratanlal & Dhirajlal: The Code of Criminal Procedure, 20th Edition, 2011. Published by Lexis
1. Nexis Butterworths Wadhwa Nagpur. ISBN: 9788180387081
R V Kelkar's - Lectures on Criminal Procedure, 4th Edition, Reprinted 2011. By: Dr K N
2. Chandrasekharan Pillai. ISBN: 9789350281147.
REFERENCE BOOKS
1. Sarkar: The Code of Criminal Procedure, 10th Edition, 2012 (2 Volumes), Lexis Nexis
Butterworths Wadhwa Nagpur. ISBN: 9878180387272
2. Batuk Lal’s Commentary on The Code of Criminal Procedure, 1973 with Special Chapter on “Plea
Bargaining”, 5th Edition, 2010 (2 Volumes), Orient Publishing Company. ISBN: 8187197056
CASES
1. M/s Zandu Pharmaceuticals Ltd. V. M/s Sharaful Hque & Another (2004, SC)
2. Dilawar Singh v. State of UP (2007, SC)
3. Sakiri Vasu v. State of UP (2008, SC)
4. Ravinder Mehto v. State of Jharkhand (2006, SC)
5. Lalita Kumar v. State of UP (2012, SC)
6. Surinder Kaushik v. State of UP (2013, SC)
7. Gurubaksh Singh & others v. State of Punjab ( 1980, SC)
8. Adri Dharan Dasv. State of West Bengal (2005, SC)
MOOC

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