SCHOOL: SCHOOL ACADEMIC FOR STUDENTS’ BATCH: BA/BBA

OF LAW SESSION: 2018 – LLB (Hons.) (2016 – 2021) SEMESTER -

2019 V
Course
1
No. BAL 316
Course
2
Title Criminal Procedure Code- I
3 Credits 4
Contact Hours 48

Assessment 25

Learning
4 Guided Study 27
Hours

Total hours 100

The purpose of introduction of this subject is to:

1. Develop the basic understanding of criminal jurisprudence and hierarchy
Course of criminal justice system.
5
Objective 2. Familiarize the students with the crucial aspects relating to investigation
and trial of offences (like initiation of criminal cases, powers and duties of
police during investigation of offences, stages of criminal trial, functions,
duties, and powers of criminal courts)
After completing the course, the students will be able to:
1. Appreciate the role of procedural laws in a legal system
2. Explain the Hierarchy of Criminal Courts
Course
6 3. Enumerate the role of Police, Magistrates in the criminal proceedings
Outcomes
4. Identify the stages in investigation and procedure of trial in criminal
cases
5. Explain the powers, functions, and duties of police and criminal courts

1
Teaching and Learning Methods
Students will learn through a combination of formal lectures, interactive class
discussions, and guided study. Student interaction and participation includes instructor-
student discussions during lectures, group tasks and presentations. As learning is through
the case law method, student participation becomes important.
Instructor and students adopt the following learning methods:

 Lectures and visual power point slides

 Students read text and commentary on assigned topics as well as published
research articles before the lectures
 Students read cases discussed in the text-books, as well as more detailed law
reports or online case digests and commentaries
 Students participate in class discussions to crystallize the concepts

Guided Study
Guided study includes textual readings, review of articles on contemporary legal issues,
written assignments, and case analysis and class presentations.

Student Assessment
Student performance is assessed on a continuous basis throughout the term on their class
participation, written assignments, debates and class presentations. These exercises are
graded. Plus there are major examinations during the term - the class tests and end-term
examinations.

COURSE CONTENT

Unit I Introduction to The Code of Criminal Procedure (4 Lectures)

a) Object, Scope and Extent of the Code of Criminal Procedure

b) Definitions - bailable, non bailable offences, charge, complaint, inquiry,
investigation, judicial proceedings, trial, victim, cognizable, non-cognizable
offences. (Section 2 Clause a, b, c, d, g, h, I, l. n, r, w, x)
c) Constitution, Powers and Hierarchy of Criminal Courts (Section 6, 26, 28, 29)

Unit II Initiation of Criminal Cases (9 Lectures)

a) F.I.R - Essentials of F.I.R and its evidentiary value. Information in non-

cognizable case. (Section 154-155)
b) Investigation: Procedure of Investigation, Police officer’s powers to investigate
cognizable cases, procedure for investigation, police officer’s powers to require

2
 attendance of witnesses, examination of witnesses by the police, recording of
confessions and statements and report of police officer on completion of
investigation. (Section 156-164, 167)
c) Police Report and Inquest Report. (Section 173, 174, 176)

Unit III Pre-Trial Proceedings: Inquiry (9 Lectures)

a) Cognizance of an Offence by a Magistrate & Committal of the cases. (Section

190, 193, 209, 322, 323, 325)
b) Complaint Procedure before a Magistrate (Section 200-203)
c) Framing of a charge (Form of charge and Joinder of charge). (Section 211-224)

Unit IV Law relating to Arrest (9 lectures)

a) Arrest (Section 41, 41A-D, 42, 43, 44, 46, 48 49, 57, 60A)
b) Rights of an arrested person, a constitutional outlook and provisions under the
Code. (Section 41B, 41D, 49, 50, 54, 55A, 57, 60A)
c) Search & Seizure at the time of arrest. (Section 47, 48, 51-53)

Unit V The law relating Bail (9 Lectures)

a) Bail: Concept and Constitutional Essence.

b) Bail in Bailable and Non Bailable cases. (Section 436, 437)
c) Anticipatory Bail and Cancellation of Bail. Special powers of HC and COS.
(Section 438, 439)

LIST OF IMPORTANT CASES: -

1. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.

2. State of Orissa v. Sharat Chandra Sahu, AIR 1997 SC 1.
3. Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476.
4. Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409.
5. D.K.Basu v. State of West Bengal, (1997) 1 SCC 416 : AIR 1997 SC 610.
6. State of Haryana v. Dinesh Kumar, (2008) 3 SCC 222.
7. Sunil Batra v. Delhi Administration, 1978 (4) SCC 494.
8. Sheela Barse v. State of Maharashtra, 1983 AIR 378, 1983 SCR (2) 337.
9. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

3
 10. Moti Ram v. State of Madhya Pradesh, (1978) 4 SCC 47.
11. State (Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411.
12. Gurubaksh Singh Sibbia v. State of Punjab, 1980 (2) SCC 565.
13. Mohan Singh v. State of Bihar, (2011) 9 SCC 272.
14. Ajay Kumar Parmar v. State of Rajasthan, AIR 2013 SC 633.

TEXT BOOK:
 The Code of Criminal Procedure, Ratanlal & Dhirajlal, 17th Edition, 2010.

REFERENCES:

 S.C.Sarkar, revised by Sudipto Sarkar & V.R.Manohar- The Code Of

Criminal Procedure: An Encyclopedic Commentary On The Code Of Criminal
Procedure, 1973.
 B. Uma Devi - Arrest, Detention, and Criminal Justice System
 R.V. Kelkar - Code of Criminal Procedure

IMPORTANT NOTE:

a. The topics, legislations and cases given above are not exhaustive.
b. The students are required to study the legislations as amended up-to-date
and consult the latest editions of books.