NATIONAL LAW UNIVERSITY ODISHA, COURSE OUTLINE SEMESTER IV

Criminal procedure code 2015, January- June

National Law University

Orissa, Cuttack-753113

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

COURSE OUTLINE

CRIMINAL PROCEDURE CODE

COURSE INSTRUCTORS

Prof. (Dr.) SRI KRISHNADEVA RAO

Mr. RAMAKRISHNA DAS.

Ms. KUNTIRANI PADHAN.

COURSE DESCRIPTION

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 NATIONAL LAW UNIVERSITY ODISHA, COURSE OUTLINE SEMESTER IV
Criminal procedure code 2015, January- June

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 Speical Statutes, provided, the trial of an offence or a
class of offences is not specifically excluded from the application of the
Code.

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The Code of Criminal Procedure 1973 in its Statement of Objects and

Reasons lays down the following three considerations of the paramount
importance-

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

accepted principles of natural justice;
ii) Every effort should be made to avoid delay in investigation, trial
and sentencing which is harmful not only to the individuals
involved but also to the society; and
iii) 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

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Criminal procedure code 2015, January- June

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.

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 sessional work (50 marks) and end semester
examinations (50 marks).

Sessional Work (45 Marks): Sessional work is planned by the course teacher in his
discretion. The tentative plan of the sessional work will be on the following basis:

Assessment Mode Marks

Content of the paper 10 Marks

References/Citation/Bibliography 10 Marks
Group Project
Group Presentation/viva 5 Marks

Attendance and Class Participation 5 Marks

Mid Term Exam 25 Marks

Group Work

You will have the opportunity to work with a small group of 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.

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COURSE OUTLINE

NO OF
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

EIGHT Reforms and emerging issues in the criminal justice system Seven lectures

Course Contents:

Module-I: Fundamentals of Criminal Procedure

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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 Prospective 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
2) Satnam Chough, Models of the Criminal Process.

Module-II: The Pre-Trial Criminal Processes

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. Rupam Deol Bajaj v. K.P.S. Gill, AIR 1996 SC 309
2. Arrest

a. Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96

b. D.K. Basu v. State of West Bengal (1997) I SCC 416.
c. Joginder kumar v state of UP (1994) 4 SCC 260.
d. Delhi Judicial Service Association v. State of Gujarat ( 1991) $ SCC 406
3. Search and seizure
a. V S Kuttan Pillai v. Ramkrishna (1980) I SCC 264.
b. R.N. Kaker v. Shabir Fidahusein , 1990 CrLJ 144(Bom).
c. G. Subhash Chandra Sabu v. H. Suresh Kumar, 2001 CrLJ 3258(3259)(Ker)

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4. 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.
5. Complaint
a. Tulasamma v. Jagannath 2004 CrLJ 4272 (4273) (4274)(Ori)
b. Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble (2003) CrLJ 4548
(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. Bhramar v. State of Orissa , 1981 CrLJ 1057.

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

Right to Legal Aid :-

1. Hossainara 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. Sahira Habibullah v. State of Gujarat ; 2004 (4) SCC 158.

Module-IV: Preliminary Processes before the Trial:

Committal Proceedings
Pre-trial Inquiry.
Framing of Charges

Cases :

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Charge :-

1. Superitendent of Police , CBI v. Tapan Kumar Singh , 2003 CrLJ 2322 (2328) ;
(2003) 6 SCC 175.
2. Banwarilal v. Union of India AIR 1963 SC 1620.

Plea Bargaining:-

3. Basin v. State , 1979 CrLJ 223 (All)

4. S. Premkumar v. State , 1989 Mad LW (Crl) 538

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) Chandrika v. State of U.P. 200 Cri. L.J. 384.

(2) Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 228
(3) Abdul Karim v. State of Karnataka 2001 Cri. L.J. 148.

Plea bargaining :-

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

Compounding of offences :-

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

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

Prosecution :-

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

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

Trials :-

1. Mohd. AjamalKasab v. State of Maharashtra 2012 (7) SCALE 553.

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

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

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

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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
Company Publication
(2) Malimath Committee Report on Criminal Justice Reforms 2003.
(3) Soli Sorabji Committee Report on Police Reforms.
(4) Law Commission of India Reports

THANK YOU

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