S UBJECT: COMPARATIVE CRIMINAL PROCED URE

FACULT Y: Ms. PRIYNKA DHAR

SEMES TER VII & IX

OBJECTIVES OF THE COURSE

The objective of t he course is to study some basic typ es of Criminal Just ice Administration, viz.
adversarial and inquisitorial. The administration of criminal justice adopted in India, U.S., U.K
and EU nations regarding the areas identified below will be the primary focus of the study of this
course. The purpose of the comparative st udy is to find out in what are the procedural
distinctions in the investigation, trial and sent encing with respect to the Indian Law making
p rocess for administering criminal justice. This course also focuses on the p owers and functions
of the Police, Prosecutors, Defense Attorneys and Judges in different jurisdictions.

MODULE 1
Introduction to Criminal Justice Process
 Historical Evolution of Criminal Just ice Syst em
 Common Law System v. Civil Law Syst em
 Adversarial mod el
 Inquisitorial model
 Hierarchy of criminal courts and their jurisdiction.
 Ny ay Panchayat in India.
 Prosecutors in India and their counterparts.

MODULE 2
Role of the Police and its powers
 Role of t he Police and its obligations under the CrPC
 Police Powers in England- Power of Stop, ent ry, search, arrest and detention
 Police Powers in the USA-From 4th Amendment to 14th Amendment to the US
Constitution. Rights of the arrest ee. Power to st op, frisk, search, seizure and arrest.
 Policing in Continental Countries
MODULE 3
Investigati on, Charging Process, Prose cution of Case
 Framing of Char ge und er the CrPC
 Chargin g Process and c ase management under the UK system, Prosecution of a Criminal
case
 Chargin g Process in the USA. Role of the p rosecutor and charging decision
 Criminal Invest igation in Continental Countries

MODULE 4
Fair Trial Procedure and S tay of Prosecution
 Concept of Fair Trial under the Indian Constitution, Stay of proceedings under the CrPC
 Abuse of Process and Stay of Prosecution under the UK System
 Fair Trial Principles under US Constitution. Pre-Trial M otions

MODULE 5
Trial Procedure
 Trial Process in India under the CrPC
 Syst em of Courts in UK, Trial Process in UK, Jury system
 Trial Process in US. Preliminary hearing, Grand Jury hearing, Arraignment.

MODULE 6
S ENTENCING AND CORRECTIONAL ADMINIS TRAT ION
 Probation
 Pre-Sentence Inv estigation
 App lication of Determinate Sentencing Guidelines in the US and UK
 Parole

S UGGES TED READINGS

BOOKS
1. K.N. Chandrsekharan Pillai (Rev.), R.V. Kelkar’s Criminal Procedure (5th ed., 2008)
2. K.I. Vibhut e (Ed.), Criminal Justice (1st ed., 2004)
 3. Robert L. Packer, The Limits of Criminal Sanction (1968)
4. Glanville Williams, The Proof of Guilt (1963).
5. Inbau, Thompson and Sowle, Criminal Justice Vol. II, Foundation Press (1968).
6. Blond, Neil C., Criminal Procedure (2009)
7. Bloom, Robert M . ; Brodin, Mark S., Criminal Procedure: The Constitution and the Police
th
6 ed.(2010)
8. Lipp man, M athew, Criminal Procedure (2011)
nd
9. Sin ger, R ichard G., Criminal Procedure II : From Bail to Jail, 2 ed. (2011)
st
10. Walker, Samuel., The New World Of Police Accountability1 Ed.
11. Shanker Sen, Enforcing Police Ac countability through Civilian oversight, Sage (2010)
st
12. Wakefield, Alison & Fleming, Jenny, T he Sage Di ctionary Of Policing 1 Ed.

REPORTS
1. Law Commission of India, Fourteenth Report: Reform of Judicial Administration Vol.
2 (Government of India, New Delhi, 1958)
3. Law Commission of India, Thirty Seventh Report : The Criminal Proc edure Code, 1898
(Sections 1-176) (Government of India, New Delhi, 1967)
4. Law Commission of India, Forty First Report: Code of Criminal Procedure, 1898
(Government of India, New Delhi, 1969)
5. Law Commission of India, Forty Eighth Report: Some Questions under the Code of Criminal
Procedure Rules, 1970 (Government of India, New Delhi, 1972)
6. Rep ort of the Expert Committee on Legal Aid (Government of India, New Delhi, 1973)
8. Law Commission of India, Seventy Seventh Reports on Delay and Arrears in Trial Courts
(Government of India, New Delhi, 1978)
9. Law Commission of India, Eightieth Report: Article 20(3) of the Cons titution and the Right to
Silence
10. Law Commission of India, One Hundred Eighty Fifth Report: Report on Review of the
Indian Evidence Act, 1872 (Government of India, New Delhi, 2003)
11. Government of India, Committee on Reforms of Criminal Justice System (M inistry of Home
Affairs, New Delhi, 2003)