Fifth Year B.A., LL.B. Semester – X, Fifth Year B.B.A., LL.B. Semester – X Third Year LL.B.

Semester – VI
(LC 1001) LAW OF CRIMINAL PROCEDURE

Module 01: Introduction to BNSS, 2023

1) Criminal justice system: Inquisitorial and Adversary/Accusatorial;
2) International norms regarding the basic principles of criminal justice system;
Constitutional perspectives - Articles 14, 20, 21 & 22;
3) The rationale of criminal procedure; Salient features of the BNSS, 2023; The
organization of police, prosecution & defence and prison authorities — duties,
functions and powers;
4) Object, scope, and significance of Bharatiya Nagarik Suraksha Sanhita, 2023.
5) Definitions under Section 2 of Bharatiya Nagarik Suraksha Sanhita, 2023
6) Hierarchy and powers of criminal courts Secs. 6-17 and Secs. 21-29
7) Powers of police Officers and Aid to the Magistrates and the Police Secs. 30-34
8) Public Prosecutors and their functions Secs. 18-20;

Module 02: Jurisdiction of Criminal Courts in Inquiry and trials

1. Inquiry proceedings: General principle of jurisdiction of criminal court, powers of
police, magistrate, and courts Jurisdiction of Courts, Secs. 197-209
2. Initiation of Inquiry proceedings Secs. 210-214;
3. Exceptions to the general principle of moving criminal courts Secs. 215-222;
4. Complaint to magistrates Secs. 223-226;
5. Inquiry proceedings before magistrates Secs. 227-232;

Module 03: Information to the Police and their Powers to Investigate and Inquiry proceedings
1) Initiation of investigation proceedings Secs. 173-178; evidentiary value of FIR
and
statements made to police officer,
2) Complaint to Magistrate Secs. 223-226
3) Interrogation powers of police officer Secs.179-193;
4) Arrest with and without a warrant: exercise of power and execution rules,
proclamation and attachments Secs. 35-46 and 62, Sec. 72-75, 79-83 and Secs. 84
to 93;
5) Police to report apprehension, discharge of person pursue and retake person secs.
59-61
6) Rights of arrested person Secs. 47-58, 77-78, 340-341 & the Constitution of India
Article 22
7) Preventive powers of the Police Secs. 168-172;
8) Search and Seizure Secs. 49, 96-110, 185-186;
9) Recording of confessions and statements Sec. 183;
10) Special remand order Sec. 187;
11) Police diary Sec. 192;
12) Police report Sec. 193;
13)Inquest proceedings Secs. 194-196.

Module 04: Bail and Bond, Security and Maintenance proceedings

1. Bail, anticipatory bail, conditions for granting bail, rights of arrested persons
Bail provisions Secs. 478-496,
2. Security for keeping peace and for good behavior Secs. 125-143;
3. Maintenance of Public order and tranquility: Unlawful Assemblies Secs. 148-151;
 4. Public Nuisance Secs. 152-163;
5. Disputes as to immovable property Secs. 164-167;
6. Maintenance of wives, children and parents: Order of maintenance Secs. 144-
145;
7. Maintenance of wives under the Muslim Women (Protection of Rights on
Divorce) Act, 1986);
8. Procedure, alteration and enforcement Secs. 146-147

Module 05: Charge, Trial and Investigation Procedures

1. Concept of fair trial: Presumption of innocence, right of silence & right to speedy
trial;
2. Taking Cognizance Secs. 210-222, Limitationsto take cognizance of offences
Secs.
513-519 and Commencement of proceedings before Magistrate Sec. 227-233;
3. Charge: Content and form Secs. 234-240, and 247;
4. General principle to be tried separately for every charge and its exceptions Secs.
241-246;
5. Trial before a court of session Secs. 248-260;
6. Trial of warrant cases before magistrates – Based on police report Secs. 261-166
and other than police report Secs. 267-270; Conclusion of trial Sec 271- 273
7. Trial of summons cases Secs. 274-282;
8. Summary trials Secs. 283-288;
9. Evidence in inquires and trials Secs. 307-318, commission for examination of
witnesses secs. 319-336;
10. Plea bargaining and limitations to bar trail Secs. 289-300
11. Principle of Autrefois acquit and autrefois convict Sec. 337 & the Constitution of
India Article 20;
12. Compounding of offences Sec. 359, Withdrawal from prosecution Sec. 360;
13. Irregular proceedings Secs. 506-512, 520, 525-527;
14. Inherent powers of High Court sec. 528

Module 06: Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution:
1. Judgment: Mode and other provisions Secs. 392-406; Confirmation of death
sentence Secs. 407-412
2. Probation of offenders and Parole under Probation of Offenders Act 1958, Role
of probation officers; Role of Judiciary in the implementation of the Act, Parole
system: Concept and distinction with the probation system.
3. Appeals Secs. 413-435;
4. Reference and Revision Secs. 436-445;
5. Transfer of criminal cases Secs. 446-452;
6. Execution, suspension, remission and commutation of sentences Secs. 453-477.
7. Tender of pardon Secs. 344-345;
8. Provisions as to Accused persons of unsound mind Secs. 367-378.

Module 07: Juvenile Justice Act, 1986

1. Juvenile Justice System: Concept of juvenile justice, Historical perspective of
juvenile justice system, Provisions relating to juvenile offenders under BNS Secs.
20 & 21;
2. Juvenile Justice (Care and Protection of Children) Act, 2015 — Distinction
between child conflict with law and neglected juvenile; Constitution of Child
welfare boards and juvenile courts;
 3. Children in Need of Care and Protection - Categories of children in need of care
and protection, Child Welfare Committee (CWC) - Composition, powers, and
functions. Rehabilitation and social reintegration measures, Role of Special
Juvenile Police Units (SJPUs) and Childline services.
4. Institutional Mechanisms and Rehabilitation- Types of institutions: Observation
Homes, Special Homes, Children's Homes, and Fit Facilities, Standards and
conditions of care in institutions Inspection and monitoring of institutions.
5. Special Procedures for Adoption- Legal framework for adoption under the
Juvenile
Justice Act, Central Adoption Resource Authority (CARA): Role and functions,
Inter-country adoption procedures and safeguards

LC 1002 Administrative Law :

Module 01 Evolution, Nature and Scope of Administrative Law :

1. Nature, Scope and Development of Administrative Law,
2. Rule of law and Administrative Law,
3. Separation of powers and Administrative Law
4. Relationship between Constitutional law and Administrative Law,
5. Classification of functions of Administration

Module 02 Delegated Legislation :

1. Reasons for Growth of Delegated Legislation
2. Constitutional validity of Delegated Legislation
3. Forms or types of delegated legislation
4. Restraints on Delegation of Legislative powers - Comparative position – UK,
USA and India
5. Doctrine of Excessive Delegation
6. Powers of exclusion and inclusion and power to modify statute
7. Safeguards and Controls on delegated legislation – Legislative, Judicial and
Other Controls
8. Sub-Delegation of Legislative Power

Module 03 Administrative Adjudication :

1. Need of adjudicatory powers of administration
2. Administrative Tribunals – Constitution, powers, procedures
3. Principles of Natural Justice - Rule against bias, Audi Alteram Partem,
Essentials of hearing process, Cross examination, Legal representation - right
to counsel, Pre and post - decisional hearing, Reasoned decisions
4. Exceptions to Principles of Natural Justice, Effect of failure - Rules of
evidence – no evidence, some evidence and substantial evidence, Institutional
Decisions

Module 04 Administrative Discretion and Judicial Control :

1. Need for conferring discretion on administrative authorities
2. Rule of law and administrative discretion, Constitutional imperatives and
exercise of discretion
199
3. Grounds of judicial review - Abuse of discretion, and Failure to exercise
discretion,
4. Doctrine of legitimate expectations, Doctrine of Proportionality, Public
 Accountability

Module 05 Liability for Wrongs of Government (Tortious and Contractual) :

1. Tortious liability of government, Sovereign and Non-Sovereign Functions, act
of state
2. Contractual liability of government
3. Statutory Immunity - Act of State - Liabilities Government privilege in legal
proceedings – state secrets, public interest, Estoppel and waiver
4. Remedies in the form of Judicial Review and Statutory remedies, Suits for
Compensation

Module 06 Corporations and Public Undertakings:

1. State monopoly vis-a-vis arbitrary action, Liability of public and private
corporations – departmental undertakings
2. Legislative and Governmental Control over Corporations and public
undertakings
3. Legal remedies, Accountability - Committee on Public Undertakings,
Estimates Committee
4. Trend of disinvestment and its Consequences

Module 07 Informal Methods of Settlement of Disputes and Grievance Redressal Procedures :

1. Conciliation and mediation through social action groups, Use of media,
lobbying and Public participation
2. The Commissions of Inquiry Act, 1952 - Public Enquiries and Commissions
of Inquiry, Appointment of Commission, Matters of Inquiry, Powers of
Commission, Procedure before Commission
3. Significance of the Lokpal and Lokayuktas Act, 2013, Central Vigilance
Commission

Module 08 The Right to Information Act, 2005 :

1. Transparency and right to information – Constitutional imperative
2. Object, application definitions and Salient features of the Act
3. Right to Information and obligations of Public Authorities, Central
Information Commission, State Information Commission, Powers and
functions of the Information Commissions, appeal and penalties
4. Hurdles in the implementation of the Act

LC 1003 Company Law :

Module 01 Concept, Nature and Meaning of Company :

1. Historical origin of company law in India and important definitions under the
Company Act, 2013
2. Characteristics of company – Company a Legal Person, Separate Legal
Entity, Perpetual Succession, Common Seal, Limited liability
3. Doctrine of Corporate Veil
4. Difference between company and others forms of business organizations

Module 02 Registration and Incorporation of Company :

1. Types of Company - One Person Company, Company Limited by Shares,
Unlimited Company, Private and Public Company, Foreign Company
2. Formation of Company
 3. Certificate of Incorporation
4. Pre-incorporation contracts
5. Commencement of Business
6. Memorandum of Association (MOA), Alteration of MOA and Doctrine of Ultra
vires
7. Articles of Association, Doctrine of constructive notice and Indoor Management

Module 03 Promoters, Securities (Shares), Debentures :

1. Promoters - Fiduciary relationship, Duties and liabilities
201
2. Prospectus and Kinds of Prospectus
3. Shares - Meaning and Nature
4. Kinds of Shares
5. Securities (Shares) - Allotment of securities and Share Holdings
6. Issue of shares
7. Certificate of shares
8. Shareholders and voting rights
9. Transfer of shares
10. Shareholders and Members
11. Share Capital and kinds of share capital
12. Publication of Authorized, Subscribed and paid up capital
13. Buy back of shares
14. Dividends
15. Debentures - Meaning, Kinds and Characteristics

Module 04 Appointment, Role and Qualification of Director and Meetings of Boards :

1. Role, Appointment and Types of Directors
2. Board of Directors
3. Independent Directors
4. Legal Position of Directors
5. Appointment of directors and Managerial Staff
6. Powers and Duties of Directors
7. Civil and Criminal Liability of Directors
8. Inspection, Inquiry and Disqualification
9. Removal of Director
10. Types of Meetings

Module 05 Compromise, Reconstruction, Amalgamation and Mergers :

1. Compromise, Arrangements and Amalgamations
2. Sanction, Duties and Powers of Tribunal
3. Power to Compromise or make arrangements with creditors and members
4. Reconstruction and Amalgamation of Company
5. Modes of reconstruction
6. Declaration and Payments of dividends in above cases
7. Fast track Mergers
8. Amalgamation of companies by Central Government in public interest

Module 06 Accounts of Company :

1. Books of accounts, etc, to be kept by the Company
2. System of maintenance of accounts in Company
3. Audit and Auditors
 4. Protection of Minority Share Holders
5. Prevention of Oppression and Mismanagement
6. Removal of names of companies from register of companies
7. Revival and Rehabilitation

Module 07 Winding up Process :

1. Meaning of Winding up
2. Procedures for winding up
3. Winding up process by Tribunal
4. Consequences of winding order
5. Company liquidator and their appointments
6. Report of the liquidator
7. Custody of company’s property
8. Company Dissolution
9. Voluntary Winding up
10. Declaration of Insolvency
11. Procedure for voluntary Winding up
12. Appointment of Liquidators

Module 08 Constitution of National Company Law Tribunal, Appellate Tribunal and Special Court :
1. Constitution of National Company law Tribunal
2. Appellate Tribunal
3. Selection of members, terms of office, salary
4. Removal of members
5. Order of Tribunal
6. Powers of Tribunal
7. Appeal from orders of Tribunals
8. Establishment of special courts
9. Offences trial by special courts
10. Meditation and Conciliation Panel
11. Corporate Social Responsibility

LO 1007 Comparative Criminal Justice System :

Module 01 Introduction :
1. Meaning and Significance of Comparative Criminal Justice
2. A comparative perspective on criminal justice and its main components.
3. An overview of an impact of international criminal justice on comparative
criminal justice
4. Impact of Comparative Criminal Justice on Indian Criminal Law

Module 02 Comparative Policing :

1. Police and policing
2. Policing and crime control:
a) Community policing
b) Zero tolerance policing
c) Policing corruption
3. Rise of private policing

Module 03 Transnational and Global Policing :

1. Transnational policing
 2. International policing institutions:
a) Interpol
b) Europol
c) UNPOL (United Nations Police)
d) UN Office on drugs and crime (UNODC)

Module 04 Prosecution and Pre-trial Justice :

1. UN Guidelines on role of prosecutors
2. Prosecution :
a) England (Crown prosecution services)
b) Netherlands
c) America (Grand Juris)
d) India
3. Pre-trial justice the role of magistrate
4. Pre-trial custody in law and practice

Module 05 System of Trial :

1. Inquisitorial trials in France
2. Adversarial trials in England and India
3. Trial in Islamic Legal Tradition

Module 06 Jury System :

1. The English jury
2. The American jury
3. Jury system in India
4. Juris in inquisitorial system

Module 07 Sentencing :
1. Death penalty and Human Rights
2. Death Penalty in USA and UK
3. Death Penalty in India
4. Suspended Sentence System
5. Plea Bargaining System

Module 08 Models of Criminal Justice Process :

1. Crime Control Model :
a) Rights of Victim
b) Rights of Accused Person
c) Power of investigation agencies
d) Role of Courts
2. Due Process Model :
a) Rights of Victim
b) Rights of Accused Person
c) Power of investigation agencies
d) Role of Courts