National Law

University

Odisha, Cuttack-753013

SEMESTER IV: B.A.LL.B & B.B.A.LL.B

COURSE OUTLINE

CODE OF CRIMINAL PROCEDURE

COURSE TEACHERS

Prof. (Dr.) Sri Krishnadeva Rao

Mr. Anup Pattanaik.
Ms. Kuntirani Padhan.

COURSE DESCRIPTION

Course Designed by : Prof. Dr. Srikrishna Deva Rao

The three Criminal major Acts in India are: The Indian Penal Code (IPC)
1860, Indian Evidence Act, 1972 and the Code of Criminal Procedure,
1973 (hereinafter called Cr. P.C., 1973). Unlike the Indian Penal Code,
which is a Substantive Law, the Code of Criminal Procedure is a Procedural
Law. The Substantive Law defines offences and lays down the rights and
duties of the parties i.e. state, society and individuals. On the other hand,
Procedural Law provides a formal comprehensive legal mechanism and
machinery to implement the Substantive Law. In this sense both are
complementary and supplementary to each other. The substantive law
intends to control behaviour of people where as the criminal procedure
intends to control the law enforcement authorities.
The Code of Criminal Procedure of 1973(Cr. PC), outlines the procedural
mechanisms to investigate an offence and to prosecute the accused for a
criminal act. The Code of Criminal Procedure, 1973 came into force in
April, 1974 and subsequently it has been amended time and again as per
the needs and aspirations of the State and the society.
The Criminal Procedure Code derives its authority and legitimacy from the
Constitution of India and especially from the secular and uniform
characteristic that is applicable equally to all irrespective of religion,
caste, colour, race and domicile within the territory of India (except the
State of Jammu and Kashmir which has a special exceptive status from the
application of the Code under Article 370 of the Constitution of India
because of historical reasons). The State of Jammu and Kashmir has its
own Code of Criminal Procedure. The application and extent of Code of
Criminal Procedure, 1973 generally extends to all criminal offences
enumerated under the Indian Penal Code, 1860 and other offences
committed under Special Statutes, provided, the trial of an offence or a
class of offences is not specifically excluded from the application of the
Code.
The Code of Criminal Procedure 1973 in its Statement of Objects and
Reasons lays down the following three considerations of the paramount
importance2

Course Designed by : Prof. Dr. Srikrishna Deva Rao

An accused person should get a fair trial in accordance with the

ii

accepted principles of natural justice;

Every effort should be made to avoid delay in investigation, trial
and sentencing which is harmful not only to the individuals

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involved but also to the society; and

The procedure should not be complicated and should, to the
utmost extent possible, ensure fair deal to the poorer section of
the community.

The Code of Criminal Procedure, 1973 replaces the old canon of the
Procedure established by law with the due process as a standard for
pre-trial, trial and post trial proceedings. In pre-trial process consists of
receiving of information about crime, arrest interrogation, remand, bail,
recording of evidence during investigation, filing of charge sheet. The trial
processes courses included taking cognizance by courts, framing of
charges, summoning witnesses, recording evidence, hearing arguments
and judgment and in post trial process-the pre-sentence hearing on the
quantum of sentence and passing of sentence. The Code of Criminal
Procedure, 1973 lays down the standards of criminal proceedings in the
light of national and international human rights jurisprudence.
This study material contains leading case laws. During the semester, the
students would also get an opportunity to visit police station, prison and
forensic science laboratories in order to gain deep and practical insight of
the actual functioning of the criminal justice system.
Evaluation System
The examination system of the University promotes constant monitoring and ensures
transparency of the of the evaluation methods. Keeping this in mind University has adopted
two tiers of assessment method viz. continuous assessment and end-term written
examination. Skills of reading, research analysis and writing will be assessed through project
work. Efforts will be made to ensure that the examination method is innovative and capturing
of student interest. In order to promote transparency and objectivity, detailed evaluation
report of project assignments as also answer scripts are given to students for their perusal.

Course Designed by : Prof. Dr. Srikrishna Deva Rao

The performance of the students on this course is assessed on the basis of 100 marks. The
overall assessment of 100 marks is divided into mid term examinations (50 marks) and end
semester examinations (50 marks).

Group Work
You will have the opportunity to work with a small group of three to four students from class
to do the assigned work and share your conclusions and observations through presentation
before the class with the instructor and other students. At the end of the semester the group
members will submit a research paper which should be of publishable quality.

COURSE OUTLINE
NO
MODULES

TITLE

LECTURES

ONE

Fundamentals of criminal procedure

Five lectures

TWO

Pre trial criminal process

Fifteen lectures

THREE

Safe guarding the rights of the accused

Four lectures

FOUR

Preliminary process before the trial

Five lectures

FIVE

Termination of trial proceedings

four lectures

SIX

Trial process

Fifteen lectures

SEVEN

Post judgement and sentencing

Five lectures

Course Designed by : Prof. Dr. Srikrishna Deva Rao

OF

EIGHT

Reforms and emerging issues in the criminal justice system

Seven lectures

Course Contents:
Module-I: Fundamentals of Criminal Procedure

Criminal Procedure: objects, principles, theory and rationale

Adversarial and Inquisitorial System of Criminal Justice
Models of Criminal Process
Models of Criminal Process Herbert Packer
Key Concepts in Criminal Procedure
Constitutional Perspective and the Criminal Procedure (Articles 14, 20 & 21)

Readings:
1

Spotlight on Criminal Justice Administration in India by Prof. B.B.Pande, Delhi

Law Review, Vol.XXV:200

Satnam Chough, Models of the Criminal Process.

Module-II: The Pre-Trial Criminal Process

Criminal Justice Agencies Police, Prosecution, Court, Prison and Correction

Administration.
Type of Offences.
F.I.R and Complaint
Investigation of Crimes
Arrest
Summons and Warrant
Search and Seizure
Collection of Evidence
Interrogation of Witnesses
Police Report

Cases:
1

First Information Report

a Lalita Kumari v. Govt. of U.P. AIR(2008) 7 SCC 164, (2012), (2014) 2 SCC
b Mrs. Rupan Deol Bajaj v. K.P.S. Gill, AIR 1996 SC 309
Arrest
a Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96

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5

Course Designed by : Prof. Dr. Srikrishna Deva Rao

b D.K. Basu v. State of West Bengal (1997) I SCC 416.

c Joginder kumar v state of UP (1994) 4 SCC 260.
Search and seizure
a V S Kuttan Pillai v. Ramkrishna (1980) I SCC 264.
b M.P.Sharma and Ors. Vs. Satish Chandra AIR 1954 SC 300
Collection of evidence and interrogation of witness, investigation
a Nandini Satpathy v. P.L. Dani (1979) 2 SCC 424
b Kapthan Singh V. State of Madhya Pradesh, ( 1997) 4 Supreme 211.
Complaint
a Tulasamma v. Jagannath 2004 CrLJ 4272 (4273) (4274)(Ori)
b Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble (2003) CrLJ 4548

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5

(SC). [Complaint case relating to Custodial death]

Module-III: Safeguarding the Rights of the Accused

Remand Proceedings
Bail proceedings
Rights of the Arrestee
Right to Legal Aid

Cases
Bail :1

Gurbaksh Singh Sibia v. State of Punjab (1980) 1 SCC 565.

Ranjit Singh Vs. State of M.P. and Others [Criminal Appeal No.1545 of 2013 arising out
of S.L.P. (CRL.) no. 7678 of 2013]

Right to Legal Aid :1. Hussainara Khatoon v. Union of India., 1979 Cri. LJ 1045
2. State (Delhi Adm.) v. Sanjay Gandhi (1978) 2 SCC 411.
Rights of Arrestee :1. Prem Shanker v. Delhi Administration
2. Nilabati Behera v. State of Orissa AIR 1983 SC 1960
3. Zahira Habibullah v. State of Gujarat ; 2004 (4) SCC 158.
Module-IV: Preliminary Processes before the Trial:
6

Course Designed by : Prof. Dr. Srikrishna Deva Rao

Committal Proceedings
Pre-trial Inquiry.
Framing of Charges

Cases :
Charge :-

Dinesh Tiwari Vs. State of Uttar Pradesh & ANR, [Criminal Appeal No.1365 of 2014
arising out of SLP (CRL.) No.3051/2008]

Banwarilal v. Union of India AIR 1963 SC 1620.

Committal Proceedings
1

Kavita v. State 2000 CrLJ 315 Del.

Module-V: Termination of Trial Proceedings:

Discharge
Plea Bargaining
Compounding of Cases
Withdrawal of Prosecution

Prescribed:
Withdrawl from prosecution
1
2

Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 228

Abdul Karim v. State of Karnataka 2001 Cri. L.J. 148.

Plea bargaining :1
2

State of Gujarat v, Natwar Harchanji Thakor , 2005 CrLJ 2957( 2978,2979) (Guj-DB).
Madanlal Ramchandra Daga v. State of Maharashtra AIR 1968 SC 1267.

Compounding of offences :1
2

Kulwinder Singh v. State of Punjab ; manu/PH/0222/2007.

Gian Singh v. State of Punjab 2012 Bom CR(Cri) 428: 2012(5) Kar LJ 476.

Module-VI: The Trial Process

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Course Designed by : Prof. Dr. Srikrishna Deva Rao

Summary Trials , Warrant Trials , Summons Trial

Guilty Plea
Prosecution and defence evidence.
Examination of the Accused by the Court (313 statement)
Adjournment Proceedings
Judgements , Appeal and Revisions etc.

Cases:
Warrant :1

Thakur Da (Dead) by Lrs. V. State of M.P. and Anr. 1978 Cri. LJI.

Judgement :1
2
3

Zahira Habibullah Sheikh and Anr. V. State of Gujurat and Ors., 2006 Cr. L.J. 1694.
Subramanian Swamy and Ors. v. Raju Thr. Member Juvenile Justice Board and Anr.
Ranjan Dwivedi v. CBI (through DG) 2012 SCALE 382.

Prosecution :1
2

State of Karnataka v. M. Devendrappa, AIR 2002 SC 671.

Ranjan Dwivedi v. CBI (through DG), 2012 SCALE 382.

Trials :1
3

Mohd. Ajmal Kasab v. State of Maharashtra 2012 (7) SCALE 553.

Anil Rai v. State of Bihar, (2001) 7 SCC.

Module-VII: Post-Judgment and Sentencing:

Content
Post-conviction orders in lieu of punishment: emerging penal policy
Compensation and cost
Modes of providing judgment
Execution, Suspension, Remission and Commutation of Sentences.

Cases:
1
2
3

Santa Singh v. State of Punjab (1976) 4 SCC 190.

Santosh Kumar Satish bhusan Bariya v. State of Maharashtra 2006.
Ankush Shivaji Gaikward v. State of Maharashtra (2013)

Module-VIII: Reforms and Emerging Issue in Criminal Justice System:

Course Designed by : Prof. Dr. Srikrishna Deva Rao

Victimology & Criminal Procedure: victims rights and participation

Restorative Justice
Witness Protection
International Criminal Court

Suggested Readings:
1

Criminal Procedure by R. Kelkars revised by Dr. K.N.C. Pillai, Eastern Book

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4

Company Publication
Criminal procedure Code by Durga Das Basu
Textbook on the Code of Criminal Procedure by K.D. Gaur
The Code Of Criminal Procedure: An Encyclopaedic Commentary On The Code Of
Criminal Procedure, 1973 (Set Of 2 Vols.) By S.C. Sarkar, revised by Sudipto Sarkar
and V.R. Manohar.
Commentaries on Code of Criminal Procedure by Sir John Woodroffe.
Malimath Committee Report on Criminal Justice Reforms 2003.
Soli Sorabji Committee Report on Police Reforms, 2006.
Reports of the Law Commission of India

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THANK YOU

Course Designed by : Prof. Dr. Srikrishna Deva Rao