NATIONAL LAW UNIVERSITY,

ASSAM

B.A.LL.B. (Hons.) Five Years

III Year - V Semester

5.4 Criminal Procedure Code

Course Compiled By:

Dr. Ishrat Husain
Course Instructor:
Dr. Ishrat Husain

Academic Session
(2016-17)
 NATIONAL LAW UNIVERSITY, ASSAM

CRIMINAL PROCEDURE CODE

3rd Year (5th Semester)

Semester July- December

Course Code 5.4

Course Credit 5

Maximum Marks 100

Teaching Hours Required 90

Medium of Instruction English

90 Hours and 5 Credit Regular

Course

Objective of the Course

The objective of the course is to provide students with an overall
understanding of the law of Criminal Procedure Code. The course will consider the
basic principles of these laws which dominate its jurisprudence and the relevance
of these laws in practice. The students under Criminal Procedure code should
obtain a fair idea how the Code works as the main spring of criminal justice
delivery system and should be exposed to the significant riddles of the
procedure. The Criminal Procedure Code prescribes intrusion into individual
rights by protecting just, fair and reasonable procedure as to victims the
criminal procedure is a process to be carried out in an objective manner by
balancing or conflicting interest of society and criminals. This imposes a duty
upon those connected with the working of the criminal process to abide by the
law and to exercise the discretion conferred on them in just and fair manner.
The Code of Criminal procedure, 1973 had undergone many trials and
experiments, too enormous to be place within a class room discussion. The law
of criminal procedure is intended to provide a mechanism for the enforcement of
criminal law .Without proper procedural law, the substantive criminal law which
defines offences and provides punishments for them would be worthless.

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 The NLUA has introduced the Code of Criminal Procedure in undergraduate law
course to provide a comprehensive idea on the administration of criminal justice
system in the country. The basic object of the course is to provide students an overall
idea and acquaint with working of criminal law, pre-trial and trial process and making
students aware of the organization of the functionaries under the code, their powers
and functions at various stages are to be exercised.

Teaching Methodology

Teaching will be mainly done through lectures by the principal teacher and the teaching
assistants. Projects including the research paper presentations would offer an opportunity
to learn and appreciate issues involved in the course, Group exercises will also be used
for some topics. Notes in the text, case law and materials from the web shall be used to
provide one with source documents.

Expectation From Students:

 Summarize and outline course material and class discussion.
 Worth on problems assigned to your group.
 Identify and clarify anything confusing about concerned subjects.
 Students are expected to not only attend class, but devote out of class time to
reading, checking websites and using other institutions resources.

Law Reporter/Journals

Supreme Court Cases(SCC), All India Reporter (AIR), Criminal Law Journal(CrLJ),
Gauhati Law Times (GLT) , Crimes(SC), Current Criminal Reports, Current Criminal
Reports(SC), Journal of Criminal Cases, Journal of Criminal Cases(SC).

Suggested Text Books

The Suggested text books for the course are K.N.C.Pillai's, "R.V.Kelkar's Criminal
Procedure Code", Ratanlal&Dhirajlal's, "The Code of Criminal Procedure ",
D.DBasu, "CriminalProcedure Code, 1973", S.N. Misra, "The Code of Criminal
Procedure, 1973". Prof. Haffezul Rehman “Lectures on Criminal Procedure”

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 Course Evaluation Method

The Course shall be evaluated for 100 Marks by a Closed book examination method.
There shall be a Mid-Semester for 20 Marks and End Semester Exam for 50 marks.
25 marks are allotted for the Project work which shall be fragmented into 20 Marks
for the research paper and 5 Marks for presentation of the same. Apart from
conceptual questions, there shall be questions based on decided case laws and the
student shall be asked to apply the relevant section and solve the dispute on legal
principles.

COURSE CONTENTS

Module 1
Concept and Definitions;
Constitution of Criminal Courts-Powers and functions
Jurisdiction of Criminal Courts.
First Information Report
Investigation, Remand and Police Report
Arrest; Rights of Arrested Persons
Search, seizure and Production of Things

Law Commission of India Reports

 32ndReport (1967) on " Section 9 of The Code of Criminal Procedure, 1898 -
Appointment of Sessions Judges, Additional Sessions judges and Assistant Sessions
Judges"
 33rdReport (1967) on " Section 44, Code of Code of Criminal Procedure, 1898"..
 37th Report (1967) on " The Code of Criminal Procedure, 1898 (Sections 1 to 176)."
 41stReport (1969) on " Section 44, The Code of Criminal Procedure, 1898."
 48thReport (1972) on "Some questions under the Code of Criminal Procedure Bill,
1970."
 154th Report (1996) on "The Code of Criminal Procedure, 1973 (Act No. 2 of 1974)."
 180th Report (2002) on "Article 20(3) of the Constitution of India and the Right to
Silence."

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Statutory Reference
The Code of Criminal Procedure, 1973

Judicial References
SrilekhaVidyarthi v. State of U.P. (1991)1 SCC 212
Delhi Judicial Service Assn.v. State of Gujarat (1991) 4 SCC 406
itizens for Democracy v. State of Assam (1995)3 SCC 743
Joginder Kumar v. State of U.P. (1994) 4 SCC 260
D.K.Basu v. State of West Bengal (1997) 1 SCC 416
Khatri (II) v. State of Bihar (1981)1 SCC 627
Directorate of Revenue Intelligence v. Jugal (2011)12 SCC 362
Kishore Samra
NandiniSatpathy v. P.L. Dani (1978) 2 SCC 424
Suk Das v. Union Territory of Arunachal Pradesh (1986) 2 SCC 401
NilabatiBehera v. State of Orissa (1993) 2 SCC 746
State of Maharashtra v. Christian Community (2003) 8 SCC 546
Welfare Council of India
Aeltemesh Rein v. Union of India (1988) 4 SCC 54
Prem Shankar Shukla v. Delhi Administration (1980) 3 SCC 526
M.T.EnricaLexie v. Doramma (2012) 6 SCC 760
LalitaKumari v. State of U.P. (2012) 4 SCC 1
ShambhuDass v. State of Assam (2010) 10 SCC 374
Mohd. Azmal Amir Kasab v. State of (2012) 9 SCC 1
Maharashtra
Jitendra Kumar v. State of Haryana (2012) 6 SCC 204
State of Kerala v. Babu (1999) 4 SCC 621
Ramprasad v. State of Maharashtra (1999) 5 SCC 30

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 Compulsory Readings:
> K.N. ChandrasekharanPillai, R.V. KELKAR'S CRIMINAL PROCEDURE, EBC
Publishing (P) Ltd, 6TH ed. 2014, Ch.1 (Object, Extent and Scope) pp. 1-6; Ch. 2
(Constitution of criminal courts), pp.7-18; Ch.3 (Police, Prosecutors, Defence
Counsels, Prison Authorities), pp.19- 30 ; Ch.4 ( Pre-trial Procedure — General
Observations),pp-31-42 ; Ch.6 (Pre-trial Procedure — Arrest &Rights of the Arrested
Person), pp.44- 70; Ch. 7 (Pre-trial Procedure — Search, Seizure and production of
materials),pp. 91-122; Ch. 8 (Pre-trial Procedure — Investigation by the Police), pp.
123-202.

> Ratanlal&Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, Lexis

NexisButterworthsWadhwa, Nagpur, 20th ed. 2011, Ch. I (Preliminary) pp. 1-20; Ch.II
(Constitution of criminal courts and Offices), pp. 21-48; Ch.III ( Power of Courts)pp.
26-35; Ch. V (Arrest of Persons) pp. 65-86; Ch.VII (Processes to compel the
production of things),pp. 105-124; Ch. XII (Information to the Police and their
Powers to investigate), pp. 273-396.

Module 2
Proclamation and Attachment
Cognizance by Courts
Filing of Complaints
Commencement of Proceedings
Framing of Charges
Compounding of Offences (s. 320)
Cognizance of offences by Magistrate

Law Commission of India Reports

 36th Report (1967) on "Section 497,498 and 499 of the Code of Criminal Procedure,
1898"- Grant of bail with condition".
 102"d Report (1984) on "Section 122(1) The Code of Criminal Procedure, 1973:
Imprisonment for breach of bond for keeping the peace with sureties."
 203`dReport(2007) on "Section 438 of the Code of Criminal Procedure, 1973
as amended by the Code of Criminal Procedure (Amendment) Act, 2005
(Anticipatory
Bail). 9)

 237th Report (2011) on " Compounding of (IPC) Offences"

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Statutory References

The Code of Criminal Procedure, 1973

Judicial References:

State v. Dawood Ibrahim Kaskar (2000) 10 SCC 438

RaghuvanshDewanchandBhasin v. State of (2012) 9 SCC 791
Maharashtra
Moti Ram v. State of U.P. (1978) 4 SCC 47
Rasiklal v. Kishore KhanchandWadhwani AIR 2009 SC 1341
Prahlad Singh Bhati v. NCT, Delhi (2001) 4 SCC 280
Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565
HussainaraKhatoon (4) v. State of Bihar (1980) 1 SCC 98
K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605
Kehar Singh v. State (Delhi Admn) (1988)3 SCC 609
Mohd. Shahabuddin v. State of Bihar (2010) 4 SCC 653
Keya Mukherjee v. Magma Leasing Ltd (2008) 8 SCC 447
P. RamachandraRao v. State of Karnataka (2002) 4 SCC 578
Gian Singh v. State of Punjab (2012) 10 SCC 303

Compulsory Readings

 K.N. ChandrasekharanPillai, R.V. KELKAR'S CRIMINAL PROCEDURE, 6THed.

2014; Ch. 5 (Pre-trial Procedure — Steps to ensure accused's presence at the trial),
pp-43-70; Ch. 12 (Bail) pp.289-344; Ch. 13 (Trial Procedures: Principal Features of
Fair Trial), pp. 345-358; Ch.10 (Cognizance of Offences), pp. 221- 233;Ch.17
(Trial Procedures: Disposal of criminal cases without full trial), pp.462-469.

 Ratanlal&Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, Lexis

NexisButterworthsWadhwa, Nagpur, 20th ed. 2011, Ch.VI (Processes to Compel
Appearance), pp. 87-104; Ch. XXXIII (Provisions as to Bail and Bonds), pp.
10491068; Ch.XIV (Conditions requisite for Initiation of Proceedings), pp.
417- 470;Ch.XXIV (General Provisions as to Inquiries and Trials),pp. 708-719.

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 Module 3

Types of Criminal Trials;

Trial before a Court of Sessions (ss. 225-237)
Trial of Warrant -Cases by Magistrates (ss. 238-250): Cases instituted on a police
report; Cases instituted otherwise than on a police report.
Trial of Summons cases by Magistrates (s.251-259)
Summary Trials (ss. 260-265)
Power to examine the accused (s.313)
Power to Proceed against other Persons (s.319)

Law Commission of India Reports

• 233" 1 Report (2009) on "Amendment of Code of Criminal Procedure enabling

restoration of Complaints."

Statutory References:

The Code of Criminal Procedure, 1973

Judicial References:
Gumaib Singh v. State of Punjab
Bharat Parikh v. CBI (2008) 10 SCC 109
State of Maharashtra v. Salman Salim Khan (2004) 1 SCC 525
K. Prema S. Rao v. YadlaSrinivasaRao (2003) 1 SCC 217
R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716
Ashraf Ali v. State of Assam (2000) 16 SCC 328

Compulsary Readings
 K.N. ChandrasekharanPillai, R.V. KELKAR'S CRIMINAL PROCEDURE,
6THed. 2014;Ch.11 (Commencement of proceedings before the Magistrates), pp. 261-
286;Ch.15 (Trial Procedures: Charge) pp. 391-415; Ch.19 (Trial Procedures: Trial
before a Court of Session), pp.523-540; Ch.20 (Trial Procedures: Trial of Warrant -
Cases by Magistrates), pp.543-566; Ch.21 (Trial Procedures: Trial of Summons cases
and Summary Trial),pp.567-581; Ch.16 (Trial Procedures: Some Common features),
pp.442-449.

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 Ratanlal&Dhirajlal, THE CODE OF CRIMINAL PROCE DURE, Lexis
NexisButterworthsWadhwa, Nagpur, 20 th ed. 2011, Ch.XV (Complaints to
Magistrates), pp.471-486; Ch. XVI (Commencement of proceedings before the
Magistrates), pp.487-504; Ch. XVIII (The Charge),pp. 505-544; Ch.XVIII (Trial before
a Court of Session), pp.545-566; Ch. XIX (Trial of Warrant -Cases by Magistrates),
pp.567-590; Ch. XX (Trial of Summons-Cases by Magistrates), pp. 591602; ChXXI
(Summary Trials), pp. 603-608; Ch.XXIV (General Provisions as to Inquiries and
Trials),pp.683-696.

Module 4
Maintenance of Wives, Children and Parents (s. 125-128)
General provisions of Trial
Limitation
Appeal, Reference, Revision
Provisions relating to the Bail
Inherent Powers

Law Commission of India Report

 132nd Report (1989) on " Need for Amendment of the provisions of the Chapter IX of The
Code of Criminal Procedure, 1973 in order to ameliorate the hardship and mitigate the
distress of neglected women, children and parents."

 187th Report (2003) on Mode of Execution of Death Sentence and Incidental matters.

Statutory Reference

The Code of Criminal Procedure, 1973

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 Judicial Reference
Jacob George v. State of Kerala (199) 3 SCC 430
Sita Ram v. State of U.P. (1979) 2 SCC 656
MadhuLimaye v. State of Maharashtra (1977) 4 SCC 551
Gulzar v. State of M.P. (2007) 1 SCC 619
Monica Kumar v. State of Uttar Pradesh (2008) 8 SCC 781
SamjubenGordhanbhaiKoli v. State of Gujarat (2010) 13 SCC 466
Monica v. State of Rajasthan AIR 2010 SC 103
Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556
DanialLatifi v. Union Of India (2001) 7 SCC 740
Mohd. Aziz Mohd. Nasir (1976) 1 SCC 657
Iqbal Ismail Sodawala v. State of Maharashtra (1973) 3 SCC 140

Compulsory Readings

 K.N. ChandrasekharanPillai, R.V. KELKAR'S CRIMINAL PROCEDURE, 6 thed. 2014;

Ch. 23 (Judgement), pp. 601-647; Ch.27(Execution, Suspension, Remission and Commutation
of Sentences) pp.737-769; Ch.24(Review Procedures: Appeals),pp. 649-690; Ch.25 (
Review Procedures: Revision), pp. 693-720; Ch.26 (Transfer of Cases), pp. 721-735;
Ch.21 (Trial Procedures: Trial of Summons cases and Summary Trial), pp.581-584;Ch.29
(Proceedings for Maintainance of Wives, Children and Parents) pp.833-870.

 )R atanlal&Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, Lexis Nexis

Butterworths Wadhwa, Nagpur, 20th ed. 2011, Ch.XXVII (The Judgement), pp. 763798;
Ch. XXVIII (Submission Of Death Sentences for Confirmation), pp. 799- 802; Ch. XXIX
( Appeals),pp.803-892; Ch. XXX ( Reference and Revision), pp. 893-932; Ch.XXXI
(Transfer of Criminal Cases), pp.933-950; Ch.XXXII (Execution, Suspension,
Remission and Commutation of Sentences), pp. 951-976; Ch. XXIA (Plea Bargaining),
pp. 609-614;Ch.XXXV (Irregular Proceedings), pp. 1069-1084; Ch. IX (Order for
Maintenance of Wives, Children and Parents), pp. 155-218.

 Mishra,S.N.,THE CODE OF CRIMINAL PROCEDURE,1973, Central Law

Publicationsl 8th ed. Reprint 2013