College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Format No. QSP/7.1/01.F01

Issue No.04 Rev. No 3 Dated: Jan 05, 2012
_____________________________________________________________________________

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun
COURSE PLAN
Course

B.A., LL.B. & B.B.A., LL.B.

Semester

VI

Session

Jan-June 2012

Batch

2009-2014

Subject Code:

LLBL- 212

No. of credits :

Subject

The Code of Criminal Procedure,

Juvenile Justice ((Care &Protection of Children)) Act
& Probation of Offender Act

Prepared by:

Dr.Gaurav Kataria
Assistant Professor

Email

gkataria@ddn.upes.ac.in

Approved By
_________________________
_______________________
HOD

UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar

Dean

Tel : +91-135-2261090/91
Fax : +91 135- 2694204
Web : www.upes.ac.in

Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Dehradun -248 007 (U K)

COURSE PLAN
OBJECTIVES OF THE COURSE
The essential object of criminal law is to protect society against
criminals and law breakers. To deal with such persons, we need a code prescribing the
procedure to be followed in the courts of law. Not all people who are sent up for trial are
guilty of the offences with which they are charged. Duty therefore has been cast upon
the courts of deciding as to whether the person charged with an offence has actually
been guilty. The procedure which governs the court proceedings before it arrives at that
conclusion has to be such as is fair, inspires confidence at the same time is not such as
provides a wide escape route for the guilty. The Code of Criminal Procedure is
essentially a code of procedure and like all procedural law, is designed to further the
ends of justice and not to frustrate them by the introduction of endless technicalities. At
the same time it has to be borne in mind that it is procedure that spells much of the
differences between rule of law and rules. The object of the Code is to ensure for the
accused a full and fair trial in accordance with the principles of natural justice. The
Juvenile Justice (Care &Protection of Children) Act 2000 & The Probation of Offender
Act, 1958 have been incorporated with this paper on the direction of Bar Council of India
as these Acts also do have their roots in criminal law. The object of The Juvenile Justice
(Care &Protection of Children) Act 2000 to provide the care, protection, treatment ,
development and rehabilitation of neglected or delinquent juveniles. The main object of
The Probation of Offender Act, 1958 is to give persons of a particular type a chance of
reformation, on conditions of probation, which they would not get if sent to prison.
COURSE OUTLINEThe entire syllabus of the Code of Criminal Procedure, Juvenile Justice
(Care & Protection of Children) Act 2000 and Probation of Offender Act, 1958 has been
designed into seven modules for the sake of convenience of study and also to make the
subject interesting for learners.
Module I:

Introduction: Definitions, Criminal Courts and their Power.

Module II:

Pre-trial Proceedings-I: Arrest of the person.

Module III:

Pre Trial Proceedings-II: FIR, Investigation, Inquiry and Complaint to Magistrate.

Module IV:

The Charge & Trial under Cr.P.C.

Module V:

Post Trial Procedure: Appeal, Reference and Revision.

Module VI:

Order for Maintenance, Public order & Tranquility, Provision as to Bail and Bond.

Module-VII:

The Juvenile Justice (Care &Protection of Children) Act 2000 & the Probation of
Offender Act, 1958.

Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

PEDAGOGY

Teaching of this course will take place in the form of lectures and
participation of the students in group discussion. Students shall be advised in advance
to prepare the topic for discussion in the class. Case analyses method will also be used
to get an in-depth understanding of the subject.

Case Law Study

Presentations

Lecture

Examples/ Illustrations

EVALUATION CRITERIA
S.N.

Description

Marks

Schedule

Internal Examination

30

Detailed given below

Mid Term Exam

20

Academic Calendar

End term Exam

50

Academic Calendar

Further Breakup of Internal Assessment: 100 Marks (weightage=30%)

Snap Test I

Assignment-I

: 10 Marks. It will be given after completion of two Modules. The

Test will be based on case law problem).
: 10 Marks. Assignment will be given to the students after completion
of three Modules.

Case Presentation/CRE

: 10 Marks. It will be based on recent case laws and it will be

presented by the student in the class during the discussion of
related topics. Cases to be presented will be provided to the
students beforehand so that they may analyse the case and
present it by relating the topic to be discussed. (Every Tuesday, by
Group of 04 students on different Problems/Case Law).

Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Assignment-II

: 10 Marks. Assignment will be given to the students after

completion of five Modules
: 10 Marks. It will be given after completion of six Modules. The
Test will be based on case law problem.

Snap Test II

.
Project work and Presentation: 50 Marks : Project will be given to the students immediately
after Mid-Semester Exams. Students are required to submit in
hard as well as in soft copy and present the project work either
individually or in group of two/three.

Mid- Semester Examination: 100 Marks (weightage=20%)

Mid-Semester examination shall be of two hour duration and shall be a combination of
Objective questions, short theory questions, and long analytical questions and will be conducted
by SRE.

End -Sem Examination: 100 Marks (weightage=50%)

End-Sem examination shall be of three hours duration. The examination paper shall
have objective questions and short questions based on theories, short and long analytical
questions and will be conducted by SRE.

Attendance
Students are required to have minimum attendance of 75%. Students with less than
said percentage shall not be allowed to appear in the end- semester examination.

Cell Phones and other Electronic Communication Devices:

Cell phones and other electronic communication devices (such as Blackberries) are
not permitted in classes, Tests or the Mid/Final Examination. Such devices MUST be turned off
in the class room.

E-Mail and LMS:

Each student in the class should have an e-mail id and a pass word to access the
LMS system regularly. Regularly, important information Date of conducting class tests, guest
lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best way
to arrange meetings or ask specific questions is by email.
COURSE REQUIREMENTS:
Since the curriculum of the course requires analytical and logical decision making
process the students have to read the commentaries and case laws. It is desirable that the
students should have knowledge of criminal laws like Indian Penal Code 1860. The course
materials including text books, journals, and commentaries are available in the of Law library. It

Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

is must for the student to have at least one basic book of Cr.PC which may be provided by the
University to refer what has been taught in the class. The students need to spend time in library
and using a personal computer/Net book and the internet or they can use the IT Lab of the
university to read relevant subject matter available at web source for latest development in the
subject.
DETAILED SESSION PLAN-OUT
TOPICS

SESSIO
NS No.

READINGS

Pedagogy

Module I :
Introduction
The Rationale of Criminal Procedure: 1-6
the importance of fair trial
Constitutional Perspective of Fair Trial:
Articles 14, 20 and 21.
Object, scope and Extent of Cr.P.C.
Definition of various terms

The organization of Police, Prosecutor,

Defence
Counsel
and
Prison
Authorities and their duties, functions
and powers.

Ratanlal and Dhirajlal:

The Code of Criminal
Procedure, 17th Edn
Reprint 2010. Wadhwa &
Co.

Lecture
Method,
Class
room discussion,
Case
Study,
Presentation
and
debates

R.V Kelkar, Criminal

Procedure, 5th Edn 2008

MODULE II
Pre-Trial Proceedings-I :Arrest

Arrest of the persons (Sec.41-60) 7-11

First information Report
Investigation
Complaints to Magistrate
Filing of Police Report/ Charge
Sheet/ Challan
Magisterial Power to take
Cognizance

Ratanlal and Dhirajlal:

The Code of Criminal
Procedure, 17th Edn
Reprint 2010. Wadhwa &
Co.
R.V Kelkar, Criminal
Procedure, 5th Edn 2008

Prepared by Dr.Gaurav Kataria, Assistant Professor

Lecture Method,
Class
room
discussion,
Case Study,
Presentation and
debates

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

MODULE III
Pre-Trial Proceedings-II
a) Various provisions related with

Search & Seizure.

1218

b) Commencement of proceedings

before Magistrates.
Process to compel Appearance-

1925

Commencement of Criminal
Proceeding : TRAIL

Lecture Method,
Class
room
discussion,
Case Study,
Presentation and
debates

R.V Kelkar, Criminal

Procedure, 5th Edn 2008

(Sec.61-90)
Summons (Sec.61-69)
Warrant of Arrest (Sec71-81)
Proclamation & Attachment(Sec
82-86)
Others rules regarding process.
(Secs. 87-90)

MODULE-IV
The Charge
Meaning of Charge
Form of Charge
Joinder of Charges

Ratanlal and Dhirajlal:

The Code of Criminal
Procedure, 17th Edn
Reprint 2010. Wadhwa &
Co.

Ratanlal and Dhirajlal:

The Code of Criminal
Procedure, 17th Edn
Reprint 2010. Wadhwa &
Co.

Lecture
Method,
Class
room
discussion,
Case Study, Presentation
debates

R.V Kelkar, Criminal

Procedure, 5th Edn 2008

Trail before Court of Session

Trail of Warrant Cases
Trail of Summons cases
Summary Trail

Transfer of Criminal Cases

(Sec.406-412)
Plea BargainingConcept

meaning

and

MODULE-V
Post Trial Procedure
26-

Ratanlal and Dhirajlal:

The Code of Criminal

Prepared by Dr.Gaurav Kataria, Assistant Professor

Lecture
Class

Method,
room

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Appeal, Review, Reference and 31

Revision
Execution, Suspension,
Remission and Commutation of
Sentences.

Rights of accused, Legal aid at

state expense

Judgment-various provisions
related with it.

Submission of death sentence

for confirmation

Procedure, 17th Edn

Reprint 2010. Wadhwa &
Co.

32Order for Maintenance of Wives, 40

Children and Parents (Sec.125128)

Security for keeping Peace and

for good behavior

Disputes related with Immovable

Property

Ratanlal and Dhirajlal:

The Code of Criminal
Procedure, 17th Edn
Reprint 2010. Wadhwa &
Co.
R.V Kelkar, Criminal
Procedure, 5th Edn 2008

Provision As to Bail and Bond

Various Provisions governing Bail

and Bond

Bail in Non-bail able offence

debates

R.V Kelkar, Criminal

Procedure, 5th Edn 2008

MODULE-VI
Order for Maintenance, Public order
& Tranquility:

discussion,
Case Study, Presentation

Cancellation of Bail
Anticipatory Bail

Prepared by Dr.Gaurav Kataria, Assistant Professor

Lecture
Method,
Class
room
discussion,
Case Study, Presentation
debates

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Module-VII
The Juvenile Justice (Care and
Protection of Children) Act 2000.

Object and salient features of the

Act
Definition of various terms
Juvenile Court system
Treatment and Rehabilitation of
juvenile and various provisions
related to it.
J.J.Board-Composition, Funcion
and Role.

4148

Prof. S.N.Mishra,The
Code of Criminal
Procedure

Lecture
Method,
Class
room
discussion,
Case Study, Presentation
debates

The Probation of Offender Act,1958

Object and salient features of

the Act
Mechanism of probation :
standards of probation
services
The Probation OfficerDefinition, appointment,
duties and powers.
Other related provisions.

Total Session* = 48
*One Session = 1Hour.
A. SUGGESTED READINGS:
1. R.V Kelkar, Criminal Procedure, 5th Edn 2008, Eastern Book Co. Lucknow.
2. Ratanlal and Dhirajlal: The Code of Criminal Procedure, 17th Edn. Reprint 2010.
Wadhwa & Co.
3. Batuk Lal, Commentary on Code of Criminal Procedure, New Delhi
4. Prof. S.N. Mishra: The Code of Criminal Procedure, Central Law Agency.
Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

5. M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency.

6. The Code of Criminal Procedure 1973
7. Report of the Committee on Draft National Policy on Criminal Justice (July 2007),
Ministry of Home Affairs, Government of India.
8. 37th Report of Law Commission of India 1967.
9. The Code of Criminal Procedure(Amendment) Act- 2005
10. The Probation of Offender Act,1958
11. The Juvenile Justice (Care &Protection of Children) Act 2000.
D. JOURNALS:
All India Reporter

Criminal Law Journals

Criminal Cases of Supreme Court

Supreme Court Cases

E. CASES TO BE REFFERED :

Mohindro v. State of Punjab, AIR 2001 SC 2113

Harpal Singh v. State of H.P AIR 1981 SC361
D.K.Basu v.State of West Bangal (1997)6 SCC 642
State of Haryana v. Dinesh Kumar (2008) 3 SCC 222
Lalita Kumari v. Govt. of Uttar Pradesh 2008 (11) SCALE 154
Madhu Bala v. Suresh Kumar (1997) 8 SCC 476
Gurcharan Singh v. State (Delhi Admin. ) AIR 1978 SC 179
Abdul Karim v. State of Karnataka AIR 2001 SC116
Zahira Habibulla H. Shiekh v. State of Gujarat (2004) 4 SCC 158
Sheela Barse v. State of Maharashtra AIR 1983 SC 378
Raghbir Singh v. State of Punjab, AIR 1976 SC 91
C. Antony v. K.G. Raghavan Nair AIR 2003 SC182
Hussainara Khatoon v. State of Bihar AIR 1979 SC1360
Bipin Bihari Sarkar v. State of West Bangal, AIR 1959 SC 13
Ravi Kumar v. State of Punjab, AIR 2005 SC 1929
Durga Shankar Mehta v. Raghuraj Singh, AIR 1954 SC 520
Saygo Bai v. Cheeru Bajrangi, AIR2011SC1557
Nahar Singh Yadav and anr v. Union of India, AIR 2011 SC 1549
Gurjinder Singh v. State of Punjab, AIR 2011 SC 972
D.Velusamy v. D.Patchaiammal, AIR 2011 SC 479
Siddharam Satlingapp Mhetre v. State of Maharashtra.AIR 2011 SC 312
State of Madhya Pradesh v. Chandu & ors.AIR 2011 SC 1
TGN Kumar v. State of Kerala and others, AIR2011 SC 708
Prepared by Dr.Gaurav Kataria, Assistant Professor

College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

Narwinder Singh v. State of Punjab 2011(1) CCSC 227(SC)

Daya Nand v. State of Haryana 2011(1) CCSC 238(SC)
Web Sources:

Manupatra

Legalpundit

Westlaw

The Students can search the case laws and articles relating to the subject matter
so as to update themselves by using above mentioned web sources, the Indian
Cases may be read by accessing Manupatra or Legal pundit while the English
cases can be accessed through Westlaw

http://www.youtube.com/watch?v=jlzsIME4p38

Prepared by Dr.Gaurav Kataria, Assistant Professor