Format approved by the Academic Review Board, JGLS

COURSE MANUAL

L CT 0007 Code of Criminal Procedure

Spring 2020
(AY 2019-20)

Instructors

Anshuman Shukla
Eesha Mohapatra
Khagesh Gautam
Malvika Seth
Mercy Deborah
Sandeep Suresh
Simon Benjamin
Niharika Ahluwalia

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CONTENTS

PART I
General Information……………………………………………………………………………Page
3

PART II

a. Course Description………………………………………………………………………………Page 4

b. Course Aims……………………………………………………………………………………Page
4

c. Intended Leaning Outcomes …………………………………………………….........Page

4

d. Grading of Student Achievement………………………………………………….....Page 5

PART III
a. Keyword Syllabus…………………………………………………………………………Page 6
b. Course Policies……………………………………………………………………………….Page
7

PART IV

a. Weekly Course Outline …………………………………………………………............Page

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b. Readings………………………………………………………………………………………Page 13

PART I

General Information

General Information on Code of Criminal Procedure offered by Jindal Global Law School

of the AY 2019-20

The information provided herein is by the Course Coordinator. The following information contains the
official record of the details of the course.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst ____ year Law
students for B.A.LL.B./B.B.A.LL.B.; LL.B.; LL.M. courses if necessary.

Course Title: Code of Criminal Procedure

Course Code: L-CT: 0007

Course
Duration: One Semester
No. of Credit
Units: 4
Level: BA/BBA-LLB & LLB
Medium of
Instruction: English

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PART II

a. Course Description

This course is meant to be an overview of the Code of Criminal Procedure 1973 (CrPC)
which underpins the functioning of the criminal justice system. Students will be taught
the procedure to be followed by the police, the courts and other stakeholders when a
crime has been committed or is suspected to have been committed. Starting from the
filing of an FIR right to the investigation of the crime to the trial and sentencing of the
accused, the students will be given a complete overview of criminal procedural law.

b. Course Aims
The aim of the course is to help familiarise the students with procedural aspects of the
criminal justice system thereby creating a sound conceptual framework for studying
substantive criminal law.
By the end of the course the students should be able to:
‐Demonstrate an understanding of the principles underpinning the CrPC;
-Apply provisions of the CrPC to real cases;
-Identify the tensions in the law;
-Develop the skill to organize thoughts coherently and present them in a persuasive
manner;
-Develop an appreciation for comparative analysis;
‐ Critically analyse complex issues arising out of the provisions of the CrPC and apply
the same in practice.

c. Intended Learning Outcomes

Course Intending Weig Teaching and Learning Assessment

Learning ht Activities Tasks/Activities
Outcomes

Identify the key 50% •  Students will be

Lectures will be delivered
issues in the field tested on the
on each topic with the aid
of criminal of PowerPoint slides. topics covered in
procedural law the lectures by
•
and apply Students are expected to way of a closed-
relevant case law. have read the essential book end of
reading prescribed for semester
each topic before class. examination.
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The tutorials will consist

A critical 50%
understanding of
the current
controversies and
issues in criminal
procedural law
and the ability to
apply the
provisions of the
CrPC in practice.
 of an interactive Q&A Students will be
session wherein students tested on knowledge
will be expected to of CrPC,
answer questions posed understanding of the
by the lecturer and vice course, their
versa. analytical skills,
presentational skills,
team-work, oral
communication and
written skills,
participation, etc.

d. Grading of Student Achievement

To pass this course, students must obtain a minimum of 50% in the

cumulative aspects of coursework, e.g. moot, and final examination. End of
semester exam will carry 50 marks out of which students have to obtain a
minimum of 15 marks to fulfil the requirement of passing the course.

The details of grades as well as the criteria for awarding such grades are provided below.

Letter Percentage Grade Definitions

Grade Of marks
O 80% and above Outstanding Outstanding work
with strong evidence
of knowledge of the
subject matter,
excellent
organizational
capacity, ability to
synthesize and
critically analyse and
originality in
thinking and
presentation.
A+ 75 to 79.75% Excellent Sound knowledge of
the subject matter,
thorough
understanding of
issues; ability to
synthesize critically
and analyse
A 70 to 74.75% Good Good understanding
of the subject

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matter, ability to
identify issues and
provide balanced
solutions to
problems and good
critical and
analytical skills.
A- 65 to 69.75% Adequate Adequate knowledge
of the subject matter
to go to the next
level of study and
reasonable critical
and analytical skills.
B+ 60 to 64.75% Marginal Limited knowledge
of the subject
matter, irrelevant
use of materials and
poor critical and
analytical skills.
B 55 to 59.75% Poor Poor comprehension
of the subject
matter; poor critical
and analytical skills
and marginal use of
the relevant
materials.
B- 50 to 54.75% Pass “Pass” in a pass-fail
course. “P”
indicative of at least
the basic
understanding of the
subject matter.
F Below 50% Fail Fails in the subject

PART III

a. Keyword Syllabus
Summary, Cognizance, FIR, Investigation, Warrant, Summons, Arrest, Custody,
Trial, Judgment, Sentence, Appeal, Self-Incrimination, Inquiry, Confessions,
Trial, Charge, Bail.

b. Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

Cell phones must be put on ‘silent’ mode. Students are strongly discouraged from engaging in any
distracting practices during class hours. Laptops and other reading-writing devices like electronic tablets
etc. are allowed in the class sessions.
Academic Integrity and Plagiarism

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Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any known
disability needing academic accommodation are required to register with the Disability Support
Committee dsc@jgu.edu.in. The Committee has so far identified the following conditions that
could possibly hinder student’s overall well-being. These include: physical and mobility related
difficulties; visual impairment; hearing impairment; medical conditions; specific learning
difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality of its discussions. Students
should preferably register with the Committee during the month of June/January as disability
accommodation requires early planning. DSC will approve of and coordinate all disability
related services such as appointment of academic mentors, arranging infrastructural facilities,
and course related requirements such as special lectures, tutorials and examinations.

All faculty members are requested to refer students with any of the above-mentioned conditions
to the Disability Support Committee for addressing disability-related accommodation
requirements.

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.
PART IV

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a. Weekly Course Outline

Week Lecture Topic/Reading List/Cases

1, 2 & 3 Constitution and hierarchy of criminal courts – jurisdiction and powers

of criminal courts – magistrates and their powers.

Functionaries under the code – police – prosecutor – defence counsel –

prison authorities and their role.

Classification of offence – cognizable, non – cognizable, bailable, non –

bailable, summons and warrants cases - pre-trial procedure – nuisance of

apprehended danger [S. 144] – duty of the public to give information and to

assist magistrate and police.

Process to compel appearance & production of things – steps to

ensure accused’s presence at the trial – rights of the arrested persons –

summons – search and seizure – production of documents – impounding of

documents –proclamation and attachment – warrant – special summons in

case of petty offence.

Case Study
Rights of arrested person
1. D.K. Basu v. State of West Bengal AIR 1997 SC 610
2. Joginder Kumar v. State of UP 1994 SCC (4) 260
3. State of Maharashtra v. Christian Community Welfare Council,
(2003) 8 SCC 546

Search & seizure

Mandatory:
4. Radha Kishan v. State of UP AIR 1963 SC 822

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5. Shyam Lal Sharma v. State of MP (1972) 1 SCC 764

6. Manish Dixit v. State of Rajasthan (2000) 1 SCC 598

Suggested:
7. V S Kuttan Pillai v. Ramakrishnan, AIR 1980 SC 185

4&5 Investigation – information in cognizable cases – police officers powers to

investigate cognizable cases – rule of police as to non-cognizable cases –

report to magistrate – examination of witnesses by police – recording of

statements and its evidentiary value – police diary – report of police officer

on completion of investigation – investigation in unnatural and suspicious

deaths and death in police custody.

Case Study

FIR

Mandatory:
1. State of Haryana v. Bhajan Lal 1992 Supp. (1) SCC 335
2. Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 [FIR]

Suggested:
3. Sidhartha Vashisht@Manu Sharma v. NCT of Delhi, (2010) 6 SCC 1
4. Two FIRs in a same case: Anju Chaudhary v. State of UP, (2013) 6
SCC 384 and TT Antony v. State of Kerala, (2001) 6 SCC 181

Initiation of criminal investigation

5. State of WB v. Swapan Kumar Guha (1982) 1 SCC 561
6. Yanub Sheikh v. State of WB (2013) 6 SCC 428

Recording of statements by police

7. Nandini Satpathy vs PL Dani, (1978) 2 SCC 424 [Section 161(1)]

Recording of statements by magistrate

Mandatory:

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8. Shivappa v. State of Kant. (1995) 2 SCC 76

9. Mahabir Singh v. State of Haryana (2001) 7 SCC 148

Suggested/Reference:
10. Joginder Nahak v. State of Orissa (2000) 1 SCC 272

6&7 Investigation beyond twenty-four hours [Sec 167]

Mandatory:
11. CBI v. Anupam J. Kulkarni 1992 AIR 1768
12. Sanjay Dutt v. State, (1994) 5 SCC 410

Suggested/Reference:
13. Chaganti Satyanarayana v. State of A.P., (1986) 3 SCC 141
14. Aslam Desai v. State of Maharashtra, (1992) 4 SCC 272
15. Uday Mohan Acharya v. State of Maharashtra, (2001) 5 SCC 453

Commencement of judicial proceedings – ordinary place of inquiry and trial–

commitment of cases to Sessions Court– consolidation of cases relating to the

same offence. Cognizance of offences by courts – sources for taking

cognizance- limitations on the power of courts to take cognizance.

Case Study

Cognizance upon police report

Mandatory:
1. Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117
2. Ram Lal Narang v. State, AIR 1979 SC 1791
3. Bhagwant Singh v. Comm’r of Police (1985) 2 SCC 537
4. Vinubhai Haribhai Malaviya v. State of Gujarat (2019 SCC Online 1346)

Complaint cases & protest petitions

Suggested/Reference:
1. DL Reddy v. VN Reddy (1976) 3 SCC 252 (overruled by Vinubhai)
2. HS Bains v. State (1980) 4 SCC 631
3. India Carat Pvt. Ltd. V. State of Kant. (1989) 2 SCC 132

Committal of a cases to the sessions court

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1. Kewal Krishnan v. Saroj Bhan (1980) Supp. SCC 499

2. Kishun Singh v. State of Bihar (1993) 2 SCC 16

8&9 Charge – basic rules – alteration of charge – conviction of an offence not

charged with – joinder of charges – effect of omission to frame or absence of or

error in charge – double jeopardy. Elements of fair trial – rights of the accused

person at the trial – treatment as to persons of unsound mind and mentally

disabled. Protection against self-incrimination – accused as witness.

Suggested reading: The Malimath Committee Report available at:

http://www.mha.nic.in/hindi/sites/upload_files/mhahindi/files/pdf/criminal_justice_
system.pdf

Case Study
Basic rules of framing charge
1. William Slaney v. State of Maharashtra AIR 1956 SC 116

Discharge or framing in sessions and warrant trials

2. State of Bihar v. Ramesh Singh (1977) 4 SCC 39
3. UoI v. Prafulla Samal (1979) 3 SCC 4
4. State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568
10 & 11 Bail – anticipatory bail – cancellation of bail – powers of magistrate, appellate

court and courts of revision.

Case Study

1. Gudikanti Narsimhulu v. Public Prosecutor, (1978) 1 SCC 240

2. Gurcharan Singh v. State AIR 1978 SC 179
3. Sanjay Chandra vs CBI (2012) 1 SCC 40
4. P Chidambaram v. ED, Crl. Appeal 1831/2019 (INX Media-ED case)
5. State vs Jaspal Singh 1984 3 SCC 555
6. Gurbaksh Singh Sibbia vs. State of Punjab 1978 CriLJ 20
7. S.S. Mhetre vs State of Maharashtra and Ors (2011) 1 SCC 694

Suggested: Taking Bail Seriously: The State of Bail Jurisprudence in India

(select chapters)

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12, 13 & 14 Trial – preliminary pleas to bar trial of summons cases by magistrates –

summary trial – trial before court of session – special rules of evidence –

disposal of criminal cases without full trial – statements under section 313

CrPC and its use- Pardon.

Case Study

Summoning of additional accused

1. Mandatory: Hardeep Singh v. State of Punjab (2014) 3 SCC 92
2. Suggested: Dharam Pal v. State of Haryana (2014) 3 SCC 306

Examination of Accused by the Court u/s 313

3. Tara Singh v. State, AIR 1951 SC 441
4. Nar Singh v. State of Haryana, (2015) 1 SCC 496

15 Judgment and Sentencing- compensation-admonition-probation-

sentencing-execution- remission and commutation of sentences-
compounding of offences- plea bargaining.

Case Study
1. Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760
2. Santa Singh v. State of Punjab, (1976) 4 SCC 190

15 Appeals, Revision and Reference- Powers of the appellate court-

Transfer of cases- inherent powers of the High Court [S. 482]

b. Readings

A. Bare Act (To be purchased) - Code of Criminal Procedure 1973 (latest edition)

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B. Essential reading (To be Purchased)

1. R.V. Kelkar’s Criminal Procedure (K. N. Chandrashekharan Pillai (Rev.) 5th Edition,
Reprinted 2012 with Supplement)

C. Recommended Reading (Not to be Purchased; Available for Reference in the Library;

Photocopies/Xerox will be provided)

1. The Code of Criminal Procedure (Ratanlal & Dhirajlal, 21st Edition, 2013)
2. Law Relating to Criminal Procedure: A Commentary on Criminal Procedure Code 1973
(Shriniwas Gupta, 1st Edition, 2013)
3. Bail: Law and Procedures (Janak Raj Jai, 4th Edition, 2009)
4. Other readings will be provided in class.

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