TEACHING PLAN

LAW OF CRIMES – II
(CODE OF CRIMINAL PROCEDURE – I)

ACADEMIC YEAR 2018-19

By
Dr. Madhuker S.

Symbiosis Law School, Noida

Symbiosis International (Deemed University)

July, 2018 – October, 2018

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1. INTRODUCTION
Criminal procedure trial has always been an oscillating conflict between
'legitimate expectation of the society from the state' and 'protection of rights
of the accused'. Though it intrudes into rights of an individual yet it has to
protect the common weal. In light of this, it becomes very important for the
competent authorities to act just, fairly, & reasonably. It is important that the
process is initiated and proceeded with in a very objective manner. The
demand of striking a balance between two conflicting interests, of the accused
and the society, both, makes the role of competent authorities very crucial with
no scope of mistake which would otherwise lead to grave injustice.
The object of criminal trial procedure is to ascertain the guilt or the innocence
of the accused. Therefore, matters dealt with Code of Criminal Procedure
pertain to various stages of trial that are incidental to ascertainment of guilt or
innocence of the accused. The Code provides for the institutional set-up,
starting from reporting of alleged offence to final disposal of the case, including
appellate mechanism. It mainly deals with the judicial process in so far as it
pertains to the institution, conduct and disposal of criminal persecution. The
whole criminal trial mechanism has been improvised from time to time, either
through legislative amendment or through judicial pronouncements.
In light of above, it is very important for the students to have fair
understanding of the criminal trial process. Aim of this course is to make the
students learn how the institutional set up in a criminal trial works, to make
the students aware of intricacies of criminal trial process, to make the students
learn how to draft various incidental documents that are required in any
criminal trial. Objective of this course is to make tomorrow's professionals in
relevant field be ready for the profession.
The need for expeditious and effective investigation of criminal cases, fair trial
and opportunity of hearing to both, accused and victims, are the core of
criminal justice system in our country. The same can-not be achieved unless
there is well formulated, cautiously drafted and envisioned document called
Criminal Procedure. In fact the criminal procedure is not simply an outlining
of procedural aspects of investigation, trial, etc., but it creates boundaries for
criminal justice system; if the system travels beyond this, it is considered to
violating Rule of Law that ruins the very concept of justice itself.

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 The Code of Criminal Procedure, 1973 deals with the initiating of criminal
proceedings against which includes lodging complaint, investigation, trial, and
other related matters, like, revision, judgement, & appeal. The trial procedure
is vividly described in the Code which makes fair trial to be the only possible
outcome.

2. LEARNING OBJECTIVES
A. Knowledge
The idea of teaching criminal procedure is all about giving adequate amount
of knowledge and understanding about the Criminal Procedure Code. This
includes understanding about procedural requirements during criminal trial
and other related issues. The idea behind having full course on criminal
procedure is about dealing with procedure at length and underlining the
‘rights’ involved under the procedure, violation of which may result into
vitiating the entire trial. The overall objective of this course is to enable the
students to:
 Understand wide range of legal concepts, customs, principles, rules and
procedures surrounding criminal procedural law;
 To understand comprehensive & accurate knowledge, and
understanding both the legislations in detail;
 To understand the rationale behind such legal concepts and legal
provisions so that he / she could get involved into various economic,
social, commercial and political, i.e., executive policy context in which
the criminal procedural law operates.
After studying criminal procedural law which requires the students to
understand the broad patterns of essential principles & legal provisions that
are pre-requisites before they enter into profession can identify &
understand the rationale behind development of this law by both,
legislature and the judiciary.
The specific objective of this course is to enable the students to acquire a
comprehensive knowledge and understanding of general principles of the
criminal procedural law. It requires students to be able, in the context of a
given problem or essay question, to identify the relevant area(s) of the
criminal procedural law, and to apply that law in detail, precision & accuracy
to provide an appropriate solution.

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B. Skills
The overall objective of this undergraduate course is to develop in the
student the following set of skills: general cognitive intellectual skills;
general communicative/ employability skills; and subject specific skills.

Cognitive
The overall objective of this course at this level is to develop in the learners
the following set of skills while dealing with criminal cases:
 Skills in understanding and application of criminal procedure
 Intellectual skills as to development of ‘right’ based approach in
criminal trial
 Humanizing criminal trial by invoking procedural aspects
 General communicative skill so that various procedural safeguards
may not be only used but used promptly; and

Employability
The course demands that students have the capacity to demonstrate insight
in presenting materials drawn from a wide, and sometimes contradictory,
range of primary & secondary sources and doctrinal commentary; and to
demonstrate an ability to produce a synthesis of those materials that offers
a personal and informed criticism.

Subject Specific
This subject is very complex one as the statute provides very detailed
provisions that have been defined & expanded by the courts in light of
constitutional philosophy. Hence, the subject demands that its students
have ability to identify and select key relevant issues and to apply that
knowledge with clarity to difficult situations of significant legal complexity;
to analyse facts and to produce well-supported conclusions in relation to
them.

C. Outcomes
Two key skills will be highlighted by this course (a) case synthesis/problem
solving and (b) independent research. These skills will be central to success
completion of this course(s) scheme of assessment

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 Case Synthesis / Problem Solving
In preparing for tutorials, the students will be asked to read, analyse and
synthesize given situation/s. They need to apply relevant statutory
provisions and legal principles in the given situation and to answer the
questions that are asked. They will be applying their understanding of the
criminal procedural law that they would have learnt within class-room as
well as beyond class-room.
In preparing properly for tutorials, they will be preparing properly for the
end of term assessment.
Independent Research / Group Work
In preparing for the coursework assignment, particular emphasis will be
placed on independent learning i.e., the ability to take initiative in the
design (individualized approach or plan of action) and research (external
legal and non-legal sources) of the stated project. The coursework in
question is deliberately broadly drawn, and is designed to challenge the
students in this regard.
Final Outcomes
Assessment is by compulsory coursework examination (100%), Internal
(40%) and External (60%) by Symbiosis International (Deemed
University).

3. LECTURES
A. Time & Attendance
Three lecture times have been set aside for this course for each division.
Verify it from the timetable assigned for each division. Lecture outlines,
principally in the form of Power-Point slides, and relevant study/reading
material will be made available in ‘The Library’ on ‘Curiosity’ Portal at
www.slsnoida.curiositylive.com. To facilitate understanding of these
lectures, students should always read at least the relevant pages of
suggested readings in advance of each lecture.
As per Symbiosis International (Deemed University) Regulations,
please note, “Students are expected to attend minimum 75% of all
scheduled sessions and other forms of instruction as defined by the
programme of study.”

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 The student will not be eligible to appear for the examination if he / she fail
to put in the required attendance. The Students can update themselves of
their attendance daily online in ‘Attendance’ on ‘Curiosity’ Portal at
www.slsnoida.curiositylive.com

B. Notifications
Students are informed that notice/s, if required, with respect to academic-
administration, either by Course-in-charge or Faculty-in-charge (Academic
Coordination) will be sent using ‘owl @ curiosity’. Neither Course-in-charge
/ Faculty-in-charge (Academic Coordination), nor students will publish any
notification at ‘library @ curiosity’. Students are required to keep
themselves duly informed.

C. Lecture Outline
Topic I: Introduction
 Introduction to the Subject with Teaching Plan
Week 1
 Rationale behind Criminal Trial
4th July,
 Constitutional Principles on Criminal Trial
2018
 Judicial Perspective in r/o Principles on Criminal
Trial
 Continued from previous lecture

Week 2
 Inquisitorial System of Criminal Trial
9th July,
 Adversarial System of Criminal Trial
2018
 Constitution of Criminal Courts & their Powers

 Introduction to Criminal Trial

Topic 3: Pre-trial Process – FIR

Week 3
 Duty, Power, & Authority of Investigation Officer in
16th July,
r/o FIR
2018
 Evidentiary Value of FIR
 Continued from previous lecture

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  Case-laws on FIR

Topic 2: Arrest
Week 4  Meaning of Arrest
23rd
July,  Arrest with / without Warrant
2018  Procedure to Cause Arrest

 Duty, Power, & Authority of Investigation Officer in

r/o Arrest
 Continued from previous lecture
 Rights of an Arrested Person
Week 5
 Constitutional Rights
30th July,
 Statutory Rights
2018
 Case-laws on Arrest

 Discussion – Tutorial

 Proclaimed Offender
Week 6
6th August,
Topic 6: Bail
2018
 Meaning of Bail
 Purpose of Granting Bail
 Bail as a ‘right’
 Anticipatory Bail
 Bail-bond – Meaning & Scope
Week 7
 Cancellation of Bail
13th August,
 Powers of Appellate Court in Bail
2018
 Case-laws in r/o Bail

 Continued from previous lecture

Week 8
20th August, Topic 4: Pre-trial Process – Investigation, Search
2018 and Seizure
 Meaning of Investigation, Search, and Seizure

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  Preliminary Investigation – Court made Law

 Continued from previous lecture

 Procedure in r/o Investigation, Search, & Seizure

 Powers & Duties of I.O. in r/o Investigation,
Week 9 Search, & Seizure
27th August,  Constitutional Perspective in r/o Validity of Search
2018 & Seizure
 Recording Statement u/s 161 by the I.O.
 Recording Confession (Sec. 160 to 164)
 Case Laws on Investigation, Search, & Seizure

 Continued from previous lecture

Week 10  Topic 5: Pre-trial Process – Magisterial
3rd Sep., Powers to take Cognizance
2018  Police Report Case
 Complaint Case
 Issue of Process in Police Report Case
 Issue of Process in Complaint Case
 Continued from previous lecture

Week 11
 Continued from previous lecture
10th Sep.,
2018
 Discussion – Tutorial II

Topic 7: Charge
 Commencement of Proceedings
Week 12  Meaning, form, & contents of Charge
17th Sep.,  Continued from previous lecture
2018
 Framing of Charge
 Prima-facie Evidence in Framing of Charge

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  Discharge of Accused

 Continued from previous lecture

Week 13
 Continued from previous lecture
24th Sep.,
2018
 Case-laws on Charge

Topic 8: Preliminary Pleas to Bar the Trial

 Jurisdiction of Court
 Time limitation & its exceptions
Week 14
 Continued from previous lecture
1st Oct.,
2018
 Plea of autrefois acquit
 Plea of autrefois convict
 Compounding of offences
 Continued from previous lecture

Week 15 Topic 9: Trial Before Court of Sessions / Magistrate

8th Oct.,  Procedural Steps
2018  Substantive Rights of Accused
Continued from previous lecture

 Revision

Week 16
 Revision
15th Oct.,
2018
 Sample Paper

 Sample Paper
Week 17
22nd Oct.,
 Sample Paper
2018

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 The schedule will be followed, subject to changes/s due to unforeseen
/ unavoidable circumstances.

4. READING & MATERIALS

A. Statutes
1. The Code of Criminal Procedure, 1973
2. The Constitution of India, 1950
3. The Juvenile Justice (Care & Protection of Children) Act, 2015
4. The Indian Penal Code, 1860
5. The Indian Evidence Act, 1972
6. The Indian Police Act, 1861
7. The Probation of Offenders Act, 1958

B. Textbooks
1. Philosophical Foundations of Criminal Law; R.A. Duff, & Stuart P. Green,
Oxford University Press
2. Civil Liability in Criminal Justice; Darrell L. Ross, Anderson Publishing
3. A Handbook on Code of Criminal Procedure; Dr. Girjesh Shukla, & Dr.
Madhuker S., Gogia Law Agency, Hyderabad
4. A Manual on Criminal Procedure; Gokulesh Sharma, & Hemant Kumar
Pandey, Thomson Reuters
5. P.S.A. Pillai’s Criminal Law; K.I. Vibhute, Lexis Nexis
6. Commentaries on Code of Criminal Procedure; John Woodroffe, K. B.
Asthana, & S. Malik, Law Publishers, Allahabad
7. Supreme Court on Criminal Procedure Code & Criminal Trial; Surendra
Malik, & Dudeep Mailk, Eastern Book Company, Lucknow
8. Law of Bail, Bond, Arrest, & Custody; Ashok Dharmija, Lexis Nexis
Buttersworth Wadhawa, Nagpur
9. Law of Bails; P.V. Ramakrishna, Universal Law Publishing Co.
10.Bails Law & Proccedure; Janak Raj Jai, Universal Law Publishing Co.
11.Right to Bail; S.K. Verma & M. Afzal Wani, Indian Law Institute
12.Supreme Court on Bail, Anticipatory Bail, & Quashment; Surendra Malik
& Sudeep Malik, Eastern Book Company
13.How to Frame a Charge; M.L. Singhal, & D.P. Varshni, Eastern Book Co.;

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 14.Iyenger’s Police Diaries: Practical Legal Guide to Police Diaries, Crime
Detection, Criminal Investigation & Prosection; Iyer Iyenger, Delhi Law
House, New Delhi

C. Reports
1. Law Commission Reports
2. National Crime Records Bureau’s Annual Reports

D. List of Cases
Introduction to Criminal Procedure
i. D.K. Basu v. State of West Bengal, AIR 1997 SC 610
ii. Harpal Singh Chauhan v. State of U.P., AIR 1993 SC 2436
iii. Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC 128
iv. Nani Gopal Mitra v. State of Bihar, AIR 1970 SC 1636
v. Raja Narayanlal Bansilal v. Maneck Phiroz Mistry & Anr., AIR 1961 SC
29
vi. Ram Chander v. State of Haryana, AIR 1981 SC 1036
vii. Ramashraya Chakravarti v. State of Madhya Pradesh, AIR 1976 SC
392
viii. Rao Shiv Bahadur Singh & Anr. v. State of Vindhya Pradesh, AIR
1953 SC 394
ix. Rattan Lal v. State of Punjab, AIR 1965 SC 444
x. Sunil Batra v. Delhi Administration, (1978) 4 SCC 494
xi. State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
xii. State of Haryana & Ors v. Ch. Bhajan Lal & Ors. AIR 1992 SC 604
xiii. Aleque Padamsee v. Union of India (UOI), decided on 18.07.2007

First Information Report

i. Alesque Padamsee v. Union of India, decided on 18th July, 20017
ii. State of Haryana & Ors. v. Ch. Bhajan Lal & Ors. AIR 1992 SC 604
iii. Emperor v. Khwaja Nazir Ahmad, AIR 1942 PC18
iv. H.N. Rishbud & Inder Singh v. State of Delhi, AIR 1955 SC 196
v. Lalita Kumari v. Government of U.P., AIR 2012 SC 1515
vi. Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025
vii. Ram Lal Narang v. State (Delhi Administration), AIR 1979 SC 1791

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viii. State of Gujarat v. Mohanlal Jitamalji Porwal, AIR 1987 SC 1321
ix. T.T. Antony v. State of Kerala & Ors., AIR 2001 SC 2637

Search & Seizure

i. Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1
ii. Shyamlal Mohanlal v. State of Gujarat, AIR 1965 SC 1251
iii. V.S. Kuttan Pillai v. Ramakrishnan & Anr., AIR 1980 SC 185

Arrest
i. Citizen for Democracy v. State of Assam & Ors., AIR 1996 SC 2193
ii. D.K. Basu v. State of West Bengal, 2002 CriLJ 4546
iii. Directorate of Enforcement v. Deepak Mahajan & Anr., (1994) 3 SCC
440
iv. Joginder Kumar v. State of U.P. & Ors., (1994)4SCC260
v. Lalita Kumari v. Government of U.P., AIR 2012 SC 1515
vi. Munshi Singh Gautam v. State of M.P., (2005) 9 SCC 631
vii. Nandini Satpathy v. P.L. Dani & Anr., (1978) 2 SCC 424
viii. Parbhu v. Emperor, AIR 1944 PC 73
ix. State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125
x. State of Punjab v. Balbir Singh, AIR 1994 SC 1872
xi. State of Maharashtra v. Christian Community Welfare Council of India
& Anr., (2003) 8 SCC 546
xii. State of Haryana & Ors. v. Dinesh Kumar, AIR 2008 SC 1083
xiii. Smt. Shakila Abdul Gafar Khan Vs. Vasant Raghunath Dhoble, AIR
2003 SC 4567

Bail
i. Chaganti Satyanarayana and Ors. v. Respondent: State of Andhra
Pradesh; decided on 08.05.1986
ii. D.K. Ganesh Babu v.. P.T. Manokaran & Ors., (2007) 4 SCC 434
iii. Sh. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632
iv. Pokar Ram v. State of Rajasthan & Ors., AIR 1985 SC 969
v. Niranjan Singh v. Prabhakar Rajaram, AIR 1980 SC 785
vi. Gurbaksh Singh Sibbia and Ors. v. State of Punjab; decided on
09.04.1980

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vii. Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., AIR
2011 SC 312
viii. State of Maharashtra v. Dhanendra Shriram Bhurle; decided on
11.02.2009

Charges
i. Birich Bhuian v. State of Bihar, AIR 1963 SC 1120
ii. Kamalanantha v. State of Tamil Nadu, (2005) 5 SCC 194
iii. S. Ganesan v. Rama Raghuraman and Ors.; decided on 03.01.2011
iv. State of Andhra Pradesh v. Cheemalapati Ganeswara Rao. AIR 1963
SC 1850
v. State of Himachal Pradesh v. Tara Dutt, AIR 2000 SC 297
vi. State of West Bengal v. Laisal Haque & Ors., AIR 1989 SC 129
vii. Willie (William) Slaney v. Madhya Pradesh, AIR 1956 SC 116

Cognizance
i. Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy & Ors.,
AIR 1976 SC 1672,
ii. Kishun Singh v. State of Bihar, (1993) 2 SCC 16
iii. Tula Ram v. Kishore Singh, AIR 1977 SC 2401

Complaint
i. Tula Ram v. Kishore Singh, AIR 1977 SC 2401
ii. Mahesh Chand v. B. Janardhan Reddy & Anr., AIR 2003 SC 702
iii. Smt. Mona Panwar v. The Hon'ble High Court of Judicature at
Allahabad through its Registrar, (2011) 3 SCC 496
iv. Shiv Shankar Singh v. State of Bihar & Anr., (2012) 1 SCC 130
v. Upkar Singh v. Ved Prakash & Ors., decided on 10.09.2004

Jurisdiction
i. Y. Abraham Ajith v. Inspector of Police, Chennai, AIR 2004 SC 4286
ii. Harman Electronics Pvt. Ltd. v. National Panasonic India Ltd., decided
on 12.12.2008

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 Pre-trial Investigation
i. State (N.C.T. of Delhi) v. Navjot Sandhu @ Afsan Guru, AIR 2005 SC
3820
ii. Aslam Babalal Desai v. State of Maharashtra, AIR 1993 SC 1
iii. Baleshwar Rai & Ors. v. State of Bihar, [1963] 2 SCR 433
iv. Central Bureau of Investigation, Special Investigation Cell-I, New
Delhi v. Anupam J. Kulkarni, (1992) 3 SCC 141
v. Chaganti Satyanarayana & Ors. v. State of Andhra Pradesh, (1986)
3 SCC 141
vi. Kali Ram v. State of Himachal Pradesh, AIR 1973 SC 2773
vii. Matabar Parida & Ors. v. State of Orissa, AIR 1975 SC 1465
viii. Mohamed Iqbal Madar Sheikh & Ors. v. State of Maharashtra,
(1996)1 SCC 722
ix. Nandini Satpathy v. P.L. Dani & Anr., (1978) 2 SCC 424
x. Tahsildar Singh & Anr. v. State of Uttar Pradesh, AIR 1959 SC 1012
xi. (Union of India v. Thamisharasi & Ors.) with (Intelligence Officer,
Narcotics Control Bureau v. Arif U. Patel) (1995) 4 SCC 190
Though it has been cross-checked, still there may be a case or two that does
not discuss the issue / heading in which it is placed. In case of that, please
bring the same fact into notice of the faculty.

Note: The above list of reading material (text book and case laws) is indicative
and not exhaustive.
Earlier editions of a number of the above texts might also be available and can
be consulted once account is taken of their datedness, particularly as to
applicable case law. These text were selected because they provide in one
volume a combination of text, cases and materials, designed to be read as a
whole i.e., a “one-stop shop”.
Nevertheless, the text provides the basic reading for the course only. There is
much more to the law than this, and he/she will undoubtedly benefit from
undertaking some reading and study of his/her own. It is creditable if he/she,
in respect of the proper use of independent research and study, follow up in
the Law Library some of the case references, periodical articles or other
material referred to in the prime textbook or in class – or even to do some
research of his/her own. A good resource to use is to use the relevant section

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 of Symbiosis Law Library and online databases such as Westlaw International
and LexisNexis available on campus network.
For supplementary reading, student could, for instance, begin by consulting
the relevant sections of the “alternative” texts placed on loan in the law library.
Thereafter he/she could engage in his/her own research, without particular
reference, to journals on online databases including SCC Online, Lexis-Nexis,
Manupatra, West-Law India, HeinOnLine, JSTOR, Kluwer Database,
CLA-Online, Ebrary, Emerald, & EBSCO and offline database including AIR.

5. ASSESSMENT: COURSEWORK = 100%

Students will be examined in this course by Internal (40%) and External
Assessment (60%) format. Internal examination will be conducted for 40
marks. It will include two tutorials (10 marks each) and a Research Project (20
marks). The Symbiosis International (Deemed University) will conduct external
written examination for 60 marks at the end of semester. It consists of ten
objectives, 2 mark each (20 marks) and 4 subjective questions of 10 Marks
each with an alternative (40 marks).
Out of four subjective questions, three questions will be ‘practical situation
based problems’ in which relevant statutory provisions will be annexed. Its
objective is to make learning process to be more application-based learning.
And, the fourth subjective question will be theory-based question.

6. TUTORIAL / PROJECT
A. Schedule - Tutorial / Project / Banyan Tree Posting
There will be two tutorials. Both the tutorials will be ‘cases and open
problem / questions’. Each tutorial will carry 10 marks each (total = 20
Marks). Both the tutorials will be open book exam. Each student will
attempt it on all occasion.
One ‘research project’ will be undertaken by students which will be
evaluated for 20 marks. Further details on ‘research project’ have been laid
down herein below. The time-table of the ‘tutorials’ and ‘research project’
is as follows:

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 Schedule - Tutorial
Date
Tutorial Topic
Result
Test
Topic I, 2, & 3
17th August,
First 6th August, 2018 (for detail, refer
2018
lecture schedule)
Topic 4, 5, & 6
10th September, 20th September,
Second (for detail, refer
2018 2018
lecture schedule)

Schedule – Research Project

It is important to take notice that no last date for submission of any stage
in ‘research project’ is prescribed; rather, duty is casted upon the students
to select their submission schedule.
In view of above and as per schedule laid down herein below, it is advised
to ignore the ‘research project schedule’ of this subject as is given by the
Examination department.

Stage of Research Project Result

Last Date
Work

Posting of ‘Research Project

N/A
Topic’ at ‘library’ @ ‘curiosity’ 30th June, 2018
portal
No last date
Selection of Research Project N/A
(from 4th July
Topic by the Students
onwards)

Intimation (in-person) of No last date

N/A
Research Project Topic by the (from 4th July
Students to the Faculty onwards)

Not earlier than

07 days of On the day of
Submission of
Intimation of ‘Oral
Stage I
Topic to the Pleading’
Faculty

Not earlier than On the day of

Submission of
two weeks of ‘Oral
Stage II
‘Stage I Pleading’
Submission’

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 Any working day,
but not earlier
than one week of
On the same
Oral Pleading ‘Stage – II
day
Submission’
Last date for ‘oral
pleading’ is 15th
September, 2018
For further details, please take notice of process in r/o ‘research
topic’ as laid down herein below.

Schedule – Banyan Tree Discussion as Preparation Sessions

Tutorial – II
Tutorial - I

Date of
Uploading 1st August, 2018 5th September, 2018
‘query’ by the @8:00 p.m. @8:00 p.m.
faculty

Last-date for 7th September, 2018

3rd August, 2018
uploading reply @ 11.59.59 p.m.
@ 11.59.59 p.m.
by the students

B. Tutorial & Presentation Skills

Tutorial I & Tutorial II
There will be two tutorials as per the schedule laid down herein above. Both
the tutorials will be ‘Cases and Open problems/questions’. Each tutorial will
carry 10 marks each (Total=20 marks). Each student will attempt it on all
the occasion.
It is important to take notice that both the tutorials are ‘open book’;
students are allowed to bring any material, except electronic material,
during tutorials. Further it is important to take notice of questions posted
@ banyan tree for preparation of both the tutorials.

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Banyan Tree Discussion for Tutorial I & II
Process: to understand the kind of questions to be asked, one online
session (situation based questions) will be conducted from 1st August, 2018
to 3rd August, 2018 by the faculty. Situation based question/s will be
uploaded on ‘banyan tree’ @ curiosity portal and answers will be posted by
the students as per schedule laid down herein above.
Similarly, one online session (situation based question) for Tutorial II will
be conducted from 5th September, 2018 to 7th September, 2018. Situation
based question/s will be uploaded on ‘banyan tree’ @ curiosity portal and
answers will be posted by the students as per schedule laid down herein
above.
Those who will respond / answer the question within stipulated
time given therein will be granted attendance one lecture each for
these sessions. This activity is compulsory for all and attendance so
granted will form part of the total attendance.

Research Project
One research project will be undertaken by students which will be evaluated
out of 20 marks i.e., 10 marks for ‘written submission’ and 10 marks for
‘oral pleading’. Student will have to work upon the ‘project’ in two stages.
Stage I will consist of ‘written submission’ which will be evaluated for 03
marks. Stage II will consist of ‘written submission’ and ‘viva-voce’ both;
‘written submission’ will be evaluated for 07 marks, and ‘oral pleading’ will
be conducted for 10 marks.
A list of ‘research project’ topic will be uploaded on ‘library’ @ curiosity
portal. Student will have to select one topic in the form of ‘statutory
provision’ from the said list. It must be intimated to the faculty concerned
to put the ‘project topic’ on record. Once, it is approved by the faculty, the
student will start working upon the project as per ‘detailed guidelines’ laid
down at ‘Annexure – I’.
Flexibility has been maintained in r/o dates of submission of ‘project work’
and ‘oral pleading’ as it will make the students more responsible; also, it
gives them opportunity to make balance between various other activities &
duties as a student. Detailed guidelines have been laid down at ‘Annexure
– I’ that must be adhered to.

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7. ADMINISTRATIVE ARRANGEMENT
The faculty in-charge of this course is Dr. Madhuker S. In case he/she face
any problem in dealing with the subject, feel free to see the concerned faculty.
Notices relating to the course will be posted @ banyan tree either by the
Faculty-in-charge (Academic Coordination), or, Course-in-charge.

8. OFFICE HOURS & CONTACT INFORMATION

If few doubts remain, please contact Dr. Madhuker S. via e-mail at
madhuker@symlaw.edu.in, or students are welcome to meet the faculty at his
office between 2 pm to 4 pm only.

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 Annexure – I
Detailed Guidelines for Research Project

Allotment of Research Project Topic

 Allotment of topic is to be made through ‘first come first serve’

basis;
 List of topic, i.e., ‘statutory provision’, will be uploaded on ‘library’
window of ‘curiosity’ web-portal on or before 30th June, 2018;
 The list of ‘research project topics’ will contain 200
statutory provisions from Indian Penal Code, and the
students can select any one topic from the list;
 Once, its selected, it must be intimated to the faculty;
 This intimation must be made in-person only; no email
communication will be considered in this regard;
 This intimation of topic can be made on any working day at
any time before 4 pm;
 There is no last date for this process; but the student need to take
care of this process as his/her participation in the whole
evaluation process is dependent upon this process;
 One topic will not be allowed to more than one student; whoever
comes first will be given preference if there is any clash in said
selection process.

Contents of Stage – I Submission

 Once statutory section is allotted to the student, he / she need to

do the following;
 Some hypothetical situation will be constructed;
 An offence as described in selected section of I.P.C. must have
been committed in hypothetical situation;
 An First Information Report will be registered

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 Pre-printed form of F.I.R. may be used;
 This pre-printed form of F.I.R. needs to be filled in hand-writing
 Following documents must be submitted in Stage I:
i. Written complaint or General Diary Entry
Written complaint of the complainant, if written complaint
is received by the police in hypothetical situation;
If police has received complaint on telephone, then the
police officer writes the same in General Diary at Police
Station, and I.O. is appointed & send by the S.H.O. to crime
scene
ii. Kalandara
It’s endorsement of the S.H.O. appointing I.O. in a case;
If it’s written complaint case, S.H.O. endorses the same;
If it’s oral complaint through telephone, S.H.O. endorses
the general diary entry.
iii. F.I.R.

It will be evaluated for 03 Marks.

Format of Written Submission – Stage I

 Title of the Topic (No. of statutory provision)

 Name, Roll No., & Division of the Student
 Main content:
Written Complaint / General Diary Entry
Kalandara, i.e., endorsed written complaint / general diary
entry
F.I.R.

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 Stage II Submission

 Written Submission for ‘stage II’ can be made on or after 14th day
of submission of ‘stage – I’;
 It means, if the student has submitted ‘stage I’ on 10th July,
2018, he / she can make ‘stage II’ submission on or after
24th July, 2018;
 Stage II submission is ‘charge-sheet report’ filed by the I.O. u/s
173 of the Cr.P.C.
 It contains following:
 F.I.R.
 Statements recorded by the I.O. u/s 161 of Cr.P.C.
 Material reports, like, post-mortem report, forensic test
reports, finger print report, etc.
 Material evidence, like, weapon of offence, clothes, etc.
collected by the I.O.;
 For the purpose of ‘material evidence’, a plain page having
the words, like, weapon, C.D., etc. may be attached in the
‘charge-sheet’ report;
 It may further contain more documents which depends
upon case to case.
 One sample charge-sheet will be uploaded @ library for above
purposes.

It will be evaluated for 10 Marks.

It is advised to the students to book the date for ‘oral pleading’ at the
time of submission of ‘charge sheet report’.

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 Specific Guidelines for Oral Pleading

 Oral pleading will be argument on ‘framing of charges’ which will

be evaluated for 07 Marks;
 Each student will argue from prosecution side as well as from
defense side;
 Arguments as Public Prosecutor will be evaluated for 04 Marks;
 Arguments as Defense Counsel will be evaluated for 03 Marks;
 Oral-pleading can be held on any working day, provided it
satisfied the cycle of submissions as laid down herein above;
 Responsibility lies with the student to book slot for ‘oral pleading’;
 Last slot for ‘oral pleading’ will be 15th September, 2018;
 It is important to take notice that on any given day, ‘oral pleading’
of maximum seven students will be taken;
 Slots for ‘oral pleadings’ are available from 1st August, 2018 to
15th September, 2018.

Illustration of Project Submission Module

 List of ‘research project topic’ is uploaded on 30th June, 2018;
 Let’s suppose, a student intimates the selected topic to the faculty
on 9th July, 2018; and it is allowed by the faculty;
 She/he can make ‘written submission – stage I’ on or after 16th
July, 2018; there is no last for this submission;
 But, she/he makes submission on 23rd July, 2018;
 It will be returned to the student at the same time with
endorsement of date of submission;
 As per ‘two weeks gap rule’, she/he can make ‘Stage – II’ written
submission’ on or after 6th August, 2018;
 But, she/he makes submission on 13th August, 2018
 As per ‘one week gap rule’, she/he can give ‘oral pleading’ on or
after 20th August, 2018;
 It is advised to book slot for ‘oral pleading’ at the time of this
submission;
 Last date for ‘oral pleading’ is 15th September, 2018.

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