COURSE MODULE

COURSE NAME-CRIMINAL LITIGATION-I

COURSE CODE
2BL334

SEMESTER –III

COURSE: B.A; LL.B. (Hons.) /B.COM; LL.B. (Hons.)

JULY 2022 to DECEMBER 2022

Course Coordinator
Dr. Neeraj Kumar Gupta

Co-Faculty
Mr. Kashyap Joshi (Advocate)

Institute of Law

1
Contents
A. Teaching and Examination Scheme...............................................................................4
Course Title & Course Code: Criminal Litigation I, 2BL334............................................4
B. Course Learning Outcomes............................................................................................4
C. Syllabus..........................................................................................................................6
D. List of Books..................................................................................................................8
E. Course related Important Web-Links.............................................................................8
F. Video Lectures...............................................................................................................8
G. List of International / National Journals related to the Course.......................................9
H. Unit wise Content of the Syllabus and List of Case Laws and Articles.......................10
I. List of Advanced Topics (Seminar Topics) Related to the Course..............................10
J. Course related own blog and other such blogs (address).............................................11
K. Micro Teaching Plan format.........................................................................................11
L. Lesson Plan...................................................................................................................12
M.Clinical Exercise/Activity (Graded Activity)...............................................................23
N. Formative Assessment Scheme (CE) (60% weightage of total course evaluation).....24
O. Self Study Material.......................................................................................................24
P. List of world leading PSUs Law firms, organizations / working on the course related
areas..................................................................................................................................25
Q. List of world leading Law Experts / Academicians working on the course related areas
25
R. Suggested text book (standard one title)......................................................................25
S. Essential Reading Material and RRM..........................................................................25
T. Ten Commandments for law students..........................................................................28
Annexure I.........................................................................................................................28
Annexure II.......................................................................................................................29

2
Introduction
There is no society in the world that has not confronted the problems of criminality. Crime is
a social and legal phenomenon. Crime is as old as human society. In the words of Emile
Durkhiem even a society composed of persons possessing angelic qualities would not be free
from violations of norms of that society. However, the very definition of crime is subject of
debate. This debate can be analysed from the historical, sociological, political, economic and
various other perspectives.

Criminal law is the branch of criminal science. Criminal justice system provides the means to
society for the protection of its individuals and institutions. The main purpose of criminal law
is to protect lives and safeguard the property from abuse of others. Criminal law has to be
strong enough in its content as well as in its implementation, without being harsh and
arbitrary.

While the substantive laws delineate the scope of forbidden acts the procedural laws provide
the machinery to implement the criminal law. It can also be said that the normative
foundations of procedural laws are the most important factor to understand the real nature of
the criminal justice system operating in a particular State. Various institutions and their
powers relating to prevention of crime, detection of crime, investigation and determination of
guilt or innocence are dealt in the procedural laws.

The constitutional values and the principles are the silent but most powerful factors which
gives directions as well as course correction to the criminal law and criminal justice system.
Thus, while studying the criminal law or any component of criminal justice system one has to
be consciously engaged to notice the developments in the field of constitutional law.

Criminal law should be based on such just and fair principles which allows the accused of
crime as well as victim fair representation and not tilted towards any party. A student of
criminal law must be made aware about the nuances and niceties which are inherent in
defining an offence as well as the procedures which operate in the real world when the crime
is reported or detected in the legal system. Therefore, substantive as well as the procedural
aspect of criminal law must be dealt simultaneously as far as possible so that the student
becomes aware about not only the essential elements constituting crime but also how the
practical functioning of the criminal legal system.

3
The course of Criminal Litigation is an attempt to provide an insight to the criminal justice
system. The course aims at creating an critical insight on the definitional aspect of various
offences relating to human body, as well as the practical nuances which are involved in the
practice of the criminal matters. The course has been designed keeping in mind the needs of
the practice ready professionals and it is aimed that the students shall be empowered to
practice in the subject of criminal matters on the foundations built in this course.

Course Objectives which have been kept in mind while designing the list of readings and the
assignments are based on the following touchstones.

a. To make students critically understand the meaning of crime and criminal law and
how they are different from civil wrongs.
b. To make students analyse the relationship between substantive law and procedural
law.
c. To make students comprehend as to what are the constituent elements of an offence
d. To make students analyse the exemptions and justifications which are available to a
person in specific situations even when prima facie appears that crime has been
committed.
e. To make students comprehend various methods to put criminal law in motion and
what are the functionaries involved in the criminal justice system at various stages.
f. To keep students abreast about the latest development in the field of criminal law.

A. Teaching and Examination Scheme

Course Title & Course Code: Criminal Litigation I, 2BL334

Course Teaching scheme Examination scheme

2BL 334 C L P Total CE SEE SEE Total

(Practical credit
Work)

Criminal 4 3 1 4 0.6 3 0.4 1.0

Litigation I Hours
(IPC and
Cr.P.C.)

4
B. Course Learning Outcomes
1. Describe the structure of criminal justice system in India
2. Explain the essentials elements of crime
3. Explain various excuses and justification which exempt from criminal liability
4. Identify essential ingredients of offences against human body.
5. Identify essential ingredients of offences relating to marriage.
6. Describe the role of police and other functionaries in the criminal justice system.
7. Identify various rights of an accused.
8. Appraise the importance of investigation.

5
C. Syllabus

6
7
 Pedagogy:
1. Lectures
2. Brain Storming
3. Case Law Method
4. Videos /Movies
5. Short Presentations
6. Class Discussion
7. Problem Solving Method
8. Experiential Learning
9. Role Play
10. Story Telling

D. List of Books

1. Vibhute, K. I. (2017), PSA Pillai's Criminal Law. India: Lexis Nexis.

2. Pillai, K. N. C. (2011), General Principles of Criminal Law. Lucknow: EBC.
3. Pillai, K. N. C. (2017), R. V. Kelkar's Criminal Procedure. Lucknow: EBC.
4. Gaur, K. D. (2016), Textbook on Indian Penal Code. Delhi: Universal Law
Publishing.
5. Pillai, K. N. (2017), R. V. Kelkar's Lectures on Criminal Procedure. Lucknow:
EBC
6. Thakker, C. K. (2014), Criminal Procedure. India: Lexis Nexis.
7. Turner, J. W. (2006), Kenny's Outlines of Criminal Law. Delhi: Universal
Law Publishing.
8. Vahini, V. (2014), Ratanlal & Dhirajlal The Indian Penal Code (Student
Edition). India: Lexis Nexis.
9. Pande, B.B. (2022), Criminal Law and Criminal Justice: Advanced Legal
Writings (First Edition). Eastern Book Company

E. Course related Important Web-Links

National Crime Record Bureau
https://ncrb.gov.in/en/crime-india
Data Gathering Website
https://data.world/datasets/crime

F. Video Lectures
Sr. No. Video Lectures Duration
(Mins.)
1. Criminal Law Part 1 35 Mins

8
 https://www.youtube.com/watch?v=EX56vNgMHeg
2. Criminal Law Part 2 33 Mins
https://www.youtube.com/watch?v=0bntIWwAfJY&t=109s
3. Criminal Law Part 3 35 Mins
https://www.youtube.com/watch?v=gAHkrUfdk2U&t=55s
4. Criminal Law Part 5 35 Mins
https://www.youtube.com/watch?v=pCGcjeWT9pM&t=23s
5. Constitutional Foundations of Criminal Justice System 38 Mins
https://www.youtube.com/watch?v=zFhhB1i7FnM
6. Access to criminal justice 36 Mins
https://www.youtube.com/watch?v=eMYcdkPVEPA
7. Reporting of Crime 51 Mins
https://www.youtube.com/watch?v=s_aY871sW8Q&t=1422s
8. Functionaries of criminal justice administration including hierarchy of courts) 27 Mins
https://www.youtube.com/watch?v=vHNW-hY_4Y8
9. Search, seizure and investigation https://www.youtube.com/watch? 38 Mins
v=78xGqYweEIM
10. Role of prosecutor in criminal justice administration 40 Mins
https://www.youtube.com/watch?v=AWP3pM06yH8
11. Recent Development in Criminal law 1 https://www.youtube.com/watch? 31 Mins
v=fs9QBtpi0-Y&t=47s
12. Pre-trial process procuring attendance of person and production of documents 34 Mins
https://www.youtube.com/watch?v=E7eaBI2YRmA
13. Pre-trial process: Investigation by police 31 Mins
https://www.youtube.com/watch?v=NzWg9bqze-s
14. Rights on Arrest https://www.youtube.com/watch? 33 Mins
v=0bntIWwAfJY&index=2&list=PLt7ZwTYdWKzrhJ0HoW6cVtV9jrXQRxF4c
15. Charge Sheet, Final Report and Case Diary https://www.youtube.com/watch? 24 Mins
v=gqJ4A71SFt8
16. Bail Jurisprudence 33 Mins
https://www.youtube.com/watch?v=cuGzuhrrrUo&t=536s
17. Right of Private Defence of Body & Property https://www.youtube.com/watch? 36 Mins
v=80gM6rII7io&t=4s
18. Culpable Homicide and Murder - A Bird's Eye View 94 Mins
https://www.youtube.com/watch?v=SsAxRLajpvQ
19. S.76 to 106 of IPC-General Exceptions and Partial Defense 116 Mins
https://www.youtube.com/watch?v=QBP2AVjsvEk
20. Bail Is Rule And Jail Is Exception 62 ins
https://www.youtube.com/watch?v=TUYC7j199yU

G. List of International / National Journals related to the Course

The Journal of Criminal Law
https://journals.sagepub.com/home/clj
Journal of Criminal Law & Criminology
https://scholarlycommons.law.northwestern.edu/jclc/
International Journal of Law, Crime and Justice
https://www.sciencedirect.com/journal/international-journal-of-law-crime-and-justice

9
 H. Unit wise Content of the Syllabus and List of Case Laws and Articles
Unit no. Topics ERMs
Unit I Introduction: Crimes and Offences-General 1. IPC, Cr.P.C. and Evidence Act
Outlook 2. Writings I, II, III, IV, V, VI and
IX BB Pande
3. Chapters 1 and 2 RV Kelkar
Lectures
Unit II Elements of Crimes and General Exceptions 1. IPC, Cr.P.C. and Evidence Act
2. Chapters 3,4 and 15 of PSA
Pillai
3. Cases on Elements of Crime
Unit III General Exceptions, Offence against Human 1. IPC, Cr.P.C. and Evidence Act
Body and Burden of Proof 2. Chapters 5 to 14, 33,34, 36, 37,
39, 40 of PSA Pillai
3. Cases on Culpable Homicide,
Murder and Allied Topics
4. Cases on Kidnapping,
Abduction and Sexual Offences
5. Cases on General Exception
(Excusable)
6. Cases on General Exception
(Justifiable)
Unit IV Arrest, Bail and Power of Police to Investigate 1. IPC, Cr.P.C. and Evidence Act
2. Chaters 3, 4, 5 and 8 of RV
Kelkar Lectures
3. Cases on Rights of Arrested
Persons
4. Cases on FIR and Initiation of
Criminal Process
5. Cases on Fair Investigation
6. Cases on Jurisprudence of Bail

I. List of Advanced Topics (Seminar Topics) Related to the Course

1. FIR and It’s Alternatives and Evidentiary Value of FIR
2. Investigation and Inquiry: Various Methods and Techniques
3. Evidentiary Value of Various Statements Recorded by Police
4. Various Types of Documents Prepared During Investigation and Its Evidentiary
Values
5. Power and Limitations on Arrest with Special Reference to Women, LGBTQ++
and Children
6. Comparison of Laws relating to Arrest Between India and the USA
7. Confession before Magistrate: Law and Prudence
8. Various Medical Examination under the Cr.P.C., 1973 and Its Evidentiary Value
9. Cognizance and It’s Relevance

10
 10. Victim and Police System
11. Glossary of Code of Criminal Procedure Part 1
12. Glossary of Code of Criminal Procedure Part 2
13. Rights of Arrested Person Part 1
14. Rights of Arrested Person Part 2
15. Hierarchy of Criminal Courts, Jurisdictions and Powers
16. Preventive Measures in the Code of Criminal Procedure, 1973
17. Various Methods of Production and Appearance of Persons
18. Local Jurisdiction and Power of Investigation
19. Final Report and Opinion of Police and Its Relevance
20. Various Methods of Production and Appearance of Persons

J. Course related own blog and other such blogs (address)

https://www.blogger.com/u/2/blog/posts/8245261143723065563

K. Micro Teaching Plan format

Pedagogy Weightage Specific Mode
Description Allocated Units
(%)

Experiential Group Project 4.1 & 4.2

10
Learning

Reading Statute & Case Describe in the

Self-Study 10
Laws Reading Lesson Plan

Expert Lecture & Law and Describe in the

*Expert Lecture /
Video Session Procedure Lesson Plan
Cooperative
10 relating to
Teaching / Video
Offences Against
Sessions
Women

Described in the Described in the Describe in the

Core Teaching 70
lesson Plan lesson Plan Lesson Plan

* Details of Expert Lecture

Topic / Total number Date of

Designation/
Name of portion of the of sessions Expert
Teaching Deliverables
Expert syllabus session
Mode
covered

Mr. Naveen Senior Law and Understanding 2 5th

11
 Procedure November
Advocate,
relating to of the Nuances
Supreme
Pahwa Offences of Criminal
Court of
Against Litigation
India
Women

Advocate, Mens Rea 2 5th

Supreme under the November
Court of Indian Penal
India, Code
Former
Chairson Understanding
Prof. B.T. Delhi of the Nuances
Kaul Judicial of Criminal
Academy Litigation
and Former
Professor
Incharge,
Law Centre
II

Law and 2 5th

Senior
Procedure Understanding November
Ms. Advocate,
relating to of the Nuances
Aishwarya Supreme
Offences of Criminal
Bhati Court of
Against Litigation
India
Women

L. Lesson Plan
Neeraj Kumar Gupta

TOPIC Pedagogy Mapped Pre-ERMs Video Session

Sess CLO Content
ion
No.
1. Normative Framework of Group 1, 2 Writings I and II, BB Criminal Law Part 1
Criminal Law Activity and Pande https://
Snow Balling www.youtube.com/
watch?
v=EX56vNgMHeg
2. Continued Group 1, 2 Writing IV and IX, Constitutional
Activity and BB Pande Foundations of
Snow Balling Criminal Justice
System
https://www.youtube.c
om/watch?
v=zFhhB1i7FnM
3. History of Criminal Law Lecture Writing III, BB Pande Criminal Law Part 2
in India https://

12
 www.youtube.com/
watch?
v=0bntIWwAfJY&t=1
09s
4. Functionaries of Criminal Lecture 1 Chapters 2 of RV Criminal Law Part 3
Justice Administration Kelkar Lectures https://
www.youtube.com/
watch?
v=gAHkrUfdk2U&t=
55s
5. Actus Reus and Mens Rea: Discussion 1 1. Writing V and
Brief Introduction VI of BB
Pande
2. Chapter 3 and
4 PSA Pillai
6. Assault, Force, Hurt and Statute 4 1. IPCSs. 349-
Grievous Hurt Reading with 358
Demonstratio
n
7. Continued 4 1. Chapter 36 and
37 of PSA
Pillai
2. Rambaran
Mahato
8. General Over View of Lecture with 4 1. Section 299, Culpable Homicide
Sections 299, 300, 302 and PPT 300, 302, 304 and Murder - A Bird's
304 of IPC Eye View
2. Chapter 33, https://
Part A of PSA www.youtube.com/
Pillai watch?
v=SsAxRLajpvQ
9. Causation Discussion 4 1. Palani
with case law Goundan v.
Emperor
(1919) ILR
42Mad547
(direct cause
of death)
2. In
reThavamani,
AIR 1943 Mad
571
3. Emperor v.
Mushnooru
Suryanarayana
Murthy,
(1912)22MLJ3
33

13
10. Section 299 (a) and 300 Statute 4 1. Sections 299
Firstly reading and and 300 IPC
Discussion 2. Rawalpenta
with case law Venkalu v.
State of
Hyderabad
AIR 1956 SC
171
(comparison
between s.
299(a) and s.
300(1))
11. Section 299 (b) and Statute 4 1. Sections 299
Section 300 Secondly reading and and 300
Discussion
with case law
12. Section 299 (b) and 300 Statute 4 1. Sections 299
Thirdly reading and and 300
Discussion 2. Virsa Singh v.
with case law State of Punjab
AIR 1958 SC
465
comparison
between ss.
299(b) and
300(3)
13. Section 299 (c) and 300 Statute 4 1. Sections 299
Fourthly reading and and 300
Discussion 2. Gyarsibai v.
with case law State AIR
1953 MB 61
(comparison
between ss.
299(c) and
300(4)
3. Emperor v.
Dhirajia,
AIR1940All48
6
14. Exceptions to Murder: Statute 4 1. Sections 299
Grave and Sudden reading and and 300
Provocation Discussion 2. K.M. Nanavati
with case law v. State of
Maharashtra
AIR 1962 SC
605 (grave and
sudden
provocation)
15. Exceptions to Murder: Statute 4 1. Sections 299

14
 Sudden Fight reading and and 300
Discussion 2. Ghapoo Yadav
with case law and Ors. vs.
State of M.P.
16. Difference between Statute 4 1. State of A.P. v.
Culpable Homicide and reading and R. Punayya,
Murder Discussion AIR1977SC
with case law 45
17. Section 304 A Statute 4 1. Section 304A
reading and IPC
Discussion 2. Cherubin
with case law Gregory v.
State of Bihar
AIR 1964 SC
205
3. S.N. Hussain
v. State of
Andhra
Pradesh AIR
1972 SC 685
18. Dowry Death: Essential Statute 4 1. Section 304B
Ingredients reading and IPC
Discussion 2. Shanti and
with case law Ors. v. State of
Haryana,
AIR1991SC
1226
19. Continued Statute 4 1. State of Punjab
reading and v. Gurmit
Discussion Singh,
with case law AIR2014SC
2561
20. Trial and Special Rule of Statute 4 1. Sher Singh v.
Evidence in Dowry Death reading and State of
Cases Discussion Haryana,
with case law AIR2015SC
980
21. Kidnapping and Abduction Statute 4 1. Section 359 to
reading and 374 IPC
Discussion 2. Chapters 38
with case law and 39 of PSA
Pillai
3. S. Varadarajan
v. State of
Madras AIR
1965 SC 942
22. Continued Statute 4 1. Thakorlal D.
reading and Vadgama v.
Discussion State of

15
 with case law Gujarat AIR
1973 SC 2313
2. State of
Haryana v.
Raja Ram
(1973) 1 SCC
544
23. Sexual Offences Statute 4 1. Sections 354
reading and to 354D, 375
Discussion to 377 of IPC
with case law 2. POCSO Act
3. Chapter 40 of
PSA Pillai
4. Tukaram and
Ors. v. The
State of
Maharashtra,
AIR1979SC
185
5. An Open
Letter to the
Chief Justice
of India,
(1979) 4 SCC
J-17
24. Continued Statute 4 1. Mrs. Rupan
reading and Deol Bajaj v.
Discussion Kanwar Pal
with case law Singh Gill
1996 AIR SC
309
2. Sakshi v.
Union of India
(2004) 5 SCC
518
3. Dilip v. State
of Madhya
Pradesh (2013)
14 SCC 331
25. Continued Statute 4 1. State of Punjab
reading and v. Gurmit
Discussion Singh (1996) 2
with case law SCC 384
2. Pushpanjali
Sahu v. State
of Orissa AIR
2013 SC 1119
26. Continued Statute 4 1. Ravindra v.
reading and State of

16
 Discussion Madhya
with case law Pradesh (2015)
4 SCC 491
2. Navtej Singh
Johar v. Union
of India (Writ
Petition
(criminal) no.
76 of 2016)
27. Offences relating to Statute 5 1. Sections 493
Marriage reading and to 498A of
Discussion IPC
with case law 2. The Dowry
Prohibition
Act, 1961
3. Chapter 32 of
PSA Pillai
4. Lily Thomas
v. Union of
India AIR
2000 SC 1650
5. V. Revathi v.
Union of India
AIR 1988 SC
835
6. Soni
Devrajbhai
Babubhai v.
State of
Gujarat 1991
CriLJ 313
(SC)
28. Continued Statute 5 1. D. Velusamy
reading and v. D.
Discussion Patchaiammal
with case law (2010) 10 SCC
469
2. Preeti Gupta v.
State of
Jharkhand
(2010)
3. Josheph Shine
v. Union of
India (2018)
29. Mistake of Fact and Video 3 1. Sections 76 to S.76 to 106 of IPC-
Mistake of Law as defence Session 79 IPC General Exceptions
2. Chapters 5 and and Partial Defense
6 of PSA Pillai https://
3. State of Orissa www.youtube.com/
v. Ram watch?

17
 Bahadur Thapa v=QBP2AVjsvEk
AIR 1960Ori.
161
30. Continued 3 1. State of Orissa
v. Bhagban
BarikMANU/S
C/0295/1987
2. Queen-
Empress v.
Kader Nasyer
Shah (1896)
ILR 23 Cal.
604
31. Infancy and Unsoundness Statute 3 1. Sections 82 to
of Mind as defence reading and 86 IPC
Case law- 2. Chapters 9 and
based 10 of PSA
discussion Pillai
32. Continued Statute 3 1. Lakshmi v.
reading and State AIR
Case law- 1959 All 534
based 2. Shrikant
discussion Anandrao
Bhosalev.
State of
Maharashtra
(2002) 7 SCC
478
33. Intoxication as a Defence Statute 3 1. Sections 85
reading and and 86 IPC
Case law- 2. Chapter 11 of
based PSA Pillai
discussion
34. Continued Statute 3 1. Basdev v.
reading and Pepsu AIR
Case law- 1956 SC 488
based
discussion
35. Right of Private defence of Statute 3 1. Sections 96 to Right of Private
Body reading and 106 of IPC and Defence of Body &
Case law- Section 105 of Property
based IEA https://www.youtube.c
discussion 2. Chapter 14 of om/watch?
PSA Pillai v=80gM6rII7io&t=4s

36. Extent of Such Right Statute 3 1. State of U.P. v.

reading and Ram Swarup
Case law- (1974) 4 SCC
based 764

18
 discussion 2. Deo Narain v.
State of U.P.
(1973) 1 SCC
347
3. Kishan v. State
of M.P. (1974)
3 SCC 623
37. Continued Statute 3 1. Mahabir
reading and Choudhary v.
Case law- State of Bihar
based (1996) 5 SCC
discussion 107
38. Attempt Statute 4 1. Section 511 of
reading and IPC
Case law- 2. Chapter 15 of
based PSA Pillai
discussion
39. Continued Statute 4 1. Asgarali
reading and Pradhania v.
Case law- Emperor AIR
based 1933 Cal. 893
discussion 2. Abhyanand
Mishra v. State
of Bihar AIR
1961 SC 1698
40. Continued Statute 1. Om Prakash v.
reading and State of Punjab
Case law- (1962) 2 SCR
based 254
discussion 2. State of
Maharashtra v.
Mohd. Yakub
(1980) 3 SCC
57
41. Mens Rea and Actus Reus Statute 1. State of
Dichotomy and its Critique reading and Maharashtra v.
Case law- M. H. George
based (1965) 1 SCR
discussion 123
42. Continued Statute 1. State of M.P.
reading and v. Narayan
Case law- Singh (1989) 3
based SCR 549
discussion
43. Feminist Critique of the Statute 4 1. Gender Criminal Law Part 5
Indian Penal Code reading and Analysis of https://
Case law- Indian Penal www.youtube.com/
based Code by Ved watch?
discussion Kumari. P. v=pCGcjeWT9pM&t

19
 139-160. In =23s
Engendering
Law: Essays in
Honour of
Lotika Sakar
edited by
Amita Dhanda
and Archana
Parashar.
Lucknow:
Eastern Book
Company, 34,
Lalbagh,
Lucknow- 1.
1999.
44. Continued Statute 4 1. Katherine
reading and O'Donovan,
Case law- Defences for
based Battered
discussion Women Who
Kill, Journal of
Law and
Society,
Summer,
1991, Vol. 18,
No. 2
(Summer,
1991), pp.
219-240
45. Revision
Mr. Kashyap Joshi

1. Adversarial and 1 1. Chapter 2 of Functionaries of criminal

Inquisitorial System of Malimath justice administration including
Trial Committee Report hierarchy of courts)
https://www.youtube.com/
watch?v=vHNW-hY_4Y8
2. FIR: Relevance in the 7 1. Section 154 of Access to criminal justice
Criminal Justice System Cr.P.C and Sections https://www.youtube.com/
Essentials of FIR and 145 and 157 of IEA watch?v=eMYcdkPVEPA
alternatives in case of 2. Chapter 5 of RV Reporting of Crime
refusal Kelkar Lectures https://www.youtube.com/
3. Lalita Kumari v. watch?
Govt. Of Uttar v=s_aY871sW8Q&t=1422s
Pradesh (2014) 2
SCC 1
4. Youth Bar
Association of India
v. Union of India

20
 and Others (2013)
13 SCC 1
5. State of Orissa v.
Sharat Chandra Sahu
(1996) 6 SCC 435
6. Madhu Bala v.
Suresh Kumar
(1997) 8 SCC 476
7. Sakiri Vasu v. State
of Uttar Pradesh
(2008) 2 SCC 409
3. Evidentiary Value of FIR 6,7 1. Section 154 of
Cr.P.C and Sections
145 and 157 of IEA
2. Chapter 5 of RV
Kelkar Lectures

4. Meaning of Arrest and 6,7 1. Article 14, 19, 20, Rights on Arrest
Rights of Arrested Persons 21, and 22 of the https://www.youtube.com/watc
Constitution of India h?
2. Sections 41 to 60A v=0bntIWwAfJY&index=2&li
of Cr.P.C. st=PLt7ZwTYdWKzrhJ0HoW
3. Chapter 3 of RV 6cVtV9jrXQRxF4c
Kelkar Lectures
4. D. K. Basu v. State
of West Bengal
(1997) 6 SCC 642
5. State of Haryana v.
Dinesh Kumar
(2008) 3 SCC 222
5. Continued 1. Arnesh Kumar v.
State of Bihar (2014)
8 SCC 273
6. Investigation 8 1. Sections 154 to 173 Search, seizure and
of Cr.P.C investigation
2. Chapter 5 of RV https://www.youtube.com/watc
Kelkar Lectures h?v=78xGqYweEIM
7. Continued 8 1. Zahira Habibulla H. Pre-trial process: Investigation
Shiekh v. State of by police
Gujarat,(2004) 4 https://www.youtube.com/
SCC 158 watch?v=NzWg9bqze-s
2. Mohd. Ajmal Amir
Kasab v. State of
Maharashtra,(2012)
9 SCC 1 177
8. Continued 8 Pre-trial process procuring
attendance of person and
production of documents
https://www.youtube.com/watc

21
 h?v=E7eaBI2YRmA Pre-trial
process: Investigation by
police

https://www.youtube.com/
watch?v=NzWg9bqze-s
9. Continued 8 Charge Sheet, Final Report and
Case Diary
https://www.youtube.com/watc
h?v=gqJ4A71SFt8
10. Bail: The Basis 1. Sections 436 to 450 Bail Jurisprudence
Jurisprudence and Types of Cr.P.C. https://www.youtube.com/
2. Moti Ram and Ors. watch?
v. State of Madhya v=cuGzuhrrrUo&t=536s
Pradesh
MANU/SC/0132/19
78
11. Continued 6,7,8 1. Gurbaksh Singh Bail Is Rule And Jail Is
Sibbia and Ors. v. Exception
State of Punjab https://www.youtube.com/
MANU/SC/0215/19 watch?v=TUYC7j199yU
80
12. Continued 6,7,8 1. Gurcharan Singh and
Ors. v. State (Delhi
Administration)
MANU/SC/0420/19
78
13. Continued 6,7,8 1. The State v. Jagjit
Singh
MANU/SC/0139/19
61
14. Continued 6,7,8 1. State (Delhi
Administration) v.
Sanjay Gandhi
MANU/SC/0171/19
78
2. Sanjay Chandra v.
CBI
MANU/SC/1375/20
11
15. Revision
Topics For Self-Study
1. Accident, Consent and 3 Chapters 8 and 12 of PSA Self Study
Necessity as defence Pillai
2. Classification of Offences 1 Chapter 1 of RV Kelkar Self Study
Lectures
3. Difference between crime 1, 2
and other wrongs
4. Adversarial and 1 Chapter 2 of Malimath Self Study

22
 Inquisitorial System of Committee Report
Trial
5. Right of Private defence of 3 State of U.P. v. Ram Swarup
Property (1974) 4 SCC 764

M.Clinical Exercise/Activity (Graded Activity)

The Subject is one of the core courses which is taught in the third semester of the Five
Year integrated Course in LL.B. The objectives of the subject to identify the ingredients
of offences and the principles of criminal law, comprehend the interplay of the IPC,
Cr.P.C. and Evidence Act, examining the rights of the accused and fair trial.

The Practical Work Component is part of this course and the lectures on the same shall be
delivered by the practicing advocate (Mr. Kashyap Joshi). In addition, the student is
supposed to undertake the practical experience in alignment of the class discussions as
described below.

Preparation of Charge Sheet

It is a group work to be carried out by a team of three students The group shall consist
of three members of consecutive roll numbers. E.g. 21BAL001, 20BAL002,
20BAL003 shall be one group and onwards.

The project work is divided in two phases.

Phase 1: Writing a complaint about a cognizable case as a complainant and getting it

registered as FIR.

Phase 2: Investigation of the case based on the FIR registered, and collection of
various types of evidence such as statement of witnesses, accused, material object,
forensic evidence, cyber evidence, CDR, confession.

Details: In the phase one, each team will submit a complaint which will be endorsed
by the faculty. After the endorsement, each team will register the same in the FIR
format. The FIR format must be such which is used by the police in the FIR Diary.
You may obtain it from the nearest police station.

In Phase 2: Once the FIR is registered the team is required to undertake the
investigation and all the necessary documents must be prepared and maintained in the
case diary. The Investigation must include at least two statements of the witnesses
(from each side), two types of panchnamas, one expert witness opinion such as post-

23
 mortem report, handwriting report or any other type of forensic evidence, at least one
type of evidence which is based on electronic evidence or digital records. The final
police report (chargesheet) should be filed by the team.

Charge-sheet Submission (Case Diary): 40 Marks

Complaint and Converted FIR: 8 Marks

Statements of Witnesses: 8 Marks
Panchnamas: 8 Marks
Expert Opinion in the Prescribed Format: 6 Marks
Electronic Evidence: 6 Marks
Final Opinion after the investigation: 4 Marks

N. Formative Assessment Scheme (CE) (60% weightage of total course

evaluation)
Description Assessment Criteria Marks Date Date of Mapped
Assigned Result CLO
CE Sessional The test will be based on 40 Marks Within 15 2, 3,8
I Examination problems and theoretical days
understanding of statutory
provisions and case law.
Questions will be based on
ingredients of crime,
Statutory provisions and
case laws.
CE Preparation of Group Activity of three 40 Marks Phase 1 on Within 15 6,7 and
IIA Charge Sheet Students 26th August Days 8
Phase II on
30th
October
CE Multiple Choice There will be two Multiple 20 Marks Monthly Same day 1, 2, 4,
III Questions Choice Question tests. (10*2=20) 5,7
Total number MCQs will
be around three. If a
student misses any one of
the tests, in such situation,
he/she will be assessed on
the basis of the remaining
tests given by him or her.
Note: The date and time of assessment is planned in good faith. However, in case, at
last moment, if there is any contingency arise, the same may be postponed on any other
date with proper notification. Students who do not appear or do not comply with any of
the components for evaluation will not be allowed to reappear under any circumstances
for any of the components.

O. Self Study Material

Indicated above.

24
P. List of world leading PSUs Law firms, organizations / working on the
course related areas
1. International Criminal Court
2. Latham & Watkins LLP
3. Shardul Amarchand Mangaldas & Co.
4. Trilegal India

Q. List of world leading Law Experts / Academicians working on the

course related areas
1. Prof. B.B. Pande
2. Prof. G.S. Bajpai
3. Prof. Balraj Chauhan
4. Prof. Ved Kumari
5. Prof. Anup Surendranath
6. Gopal Subramanium
7. K.T.S Tulsi
8. Shanti Bhushan
9. Majeed Memon
10. Ujwal Nikam
11. Rebecca Mammen John

R. Suggested text book (standard one title)

1. Vibhute, K. I. (2017), PSA Pillai's Criminal Law. India: Lexis Nexis.
2. Pillai, K. N. (2017), R. V. Kelkar's Lectures on Criminal Procedure. Lucknow: EBC

S. Essential Reading Material and RRM

Essential Reading Materials (ERMs) shall consist of cases, articles from journals, excerpts
from books, official reports and legislations. The following classification is used for easy
reference hereinafter:-

ERM Legislations =>ERM-L

ERM Cases =>ERM-C
ERM Official Reports =>ERM-O
ERM Book Excerpts =>ERM-B
ERM Articles =>ERM-A

ERM L:
1. The Constitution of India, 1950
2. The Indian Penal Code, 1860
3. The Code of Criminal Procedure, 1973
4. The Indian Evidence Act, 1872
5. The Prevention of Children from Sexual Offences Act, 2012
6. The Dowry Prohibition Act, 1961

ERM C:
Elements of Crime
1 State of Maharashtra v. M. H. George (1965) 1 SCR 123
2 State of M.P. v. Narayan Singh (1989) 3 SCR 549
25
Attempt
1 Asgarali Pradhania v. Emperor AIR 1933 Cal. 893
2 Abhyanand Mishra v. State of Bihar AIR 1961 SC 1698
3 Om Prakash v. State of Punjab (1962) 2 SCR 254
4 State of Maharashtra v. Mohd. Yakub (1980) 3 SCC 57
Culpable Homicide, Murder and Allied Topics
1 Rambaran Mahton v. The State AIR 1958 Pat 452
2 Palani Goundan v. Emperor (1919) ILR 42Mad547 (direct cause of death)
3 In reThavamani, AIR 1943 Mad 571
4 Emperor v. Mushnooru Suryanarayana Murthy, (1912)22MLJ333
5 Rawalpenta Venkalu v. State of Hyderabad AIR 1956 SC 171
6 Virsa Singh v. State of Punjab AIR 1958 SC 465
7 Gyarsibai v. State AIR 1953 MB 61
8 Emperor v. Dhirajia, AIR1940All486
9 K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605
10 Ghapoo Yadav and Ors. v. State of M.P.
11 State of A.P. v. R. Punayya, AIR1977SC 45
12 Cherubin Gregory v. State of Bihar AIR 1964 SC 205
13 S.N. Hussain v. State of Andhra Pradesh AIR 1972 SC 685
14 State v. Sanjeev Nanda (2012) 8 SCC 450
15 Manorama Tiwari v. Surendra Nath Rai 2015 (9) SCALE 747
16 Shanti and Ors. v. State of Haryana, AIR1991SC 1226
17 State of Punjab v. Gurmit Singh, AIR2014SC 2561
18 Sher Singh v. State of Haryana, AIR2015SC 980
Additional Recommended Readings
Common Cause v. Union of India (2014) 5 SCC 338
Nikhil Soni v. Union of India WP (C) 7414/2006 of Rajasthan High Court
State v. Sanjeev Nanda (2012) 8 SCC 450
State of Punjab v. Balwinder Singh AIR 2012 SC 861
Rattan Singh v. State of Punjab AIR 1988 SC 2147
Sayaji Hanmat Baukar v. State of Maharashtra AIR 2011 SC 3172

Kidnapping, Abduction and Sexual Offences

1 S. Varadarajan v. State of Madras AIR 1965 SC 942
2 Thakorlal D. Vadgama v. State of Gujarat AIR 1973 SC 2313
3 State of Haryana v. Raja Ram (1973) 1 SCC 544
4 Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill 1996 AIR SC 309
5 Sakshi v. Union of India (2004) 5 SCC 518
6 State of Punjab v. Gurmit Singh (1996) 2 SCC 384
7 Navtej Singh Johar v. Union of India, AIR 2018 SC 4321
Additional Recommended Readings
Dilip v. State of Madhya Pradesh (2013) 14 SCC 331
Saleha Khatoon v. State of Bihar 1989 CriLJ 202 (Pat)
Ravindra v. State of Madhya Pradesh (2015) 4 SCC 491
Offences against Marriage and Allied Offences
1 Lily Thomas v. Union of India AIR 2000 SC 1650

26
2 V. Revathi v. Union of India AIR 1988 SC 835
3 Soni Devrajbhai Babubhai v. State of Gujarat 1991 CriLJ 313 (SC)
4 D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
5 Preeti Gupta v. State of Jharkhand AIR 2010 SC 3363
6 Josheph Shine v. Union of India, AIR 2018 SC 4898

General Exception (Excusable)

1 State of Orissa v. Ram Bahadur Thapa AIR 1960Ori. 161
2 State of Orissa v. Bhagban Barik MANU/SC/0295/1987
3 Queen-Empress v. Kader Nasyer Shah (1896) ILR 23 Cal. 604
4 Lakshmi v. State AIR 1959 All 534
5 Shrikant Anandrao Bhosalev. State of Maharashtra (2002) 7 SCC 478
6 Basdev v. Pepsu AIR 1956 SC 488
General Exception (Justifiable)
1 State of U.P. v. Ram Swarup (1974) 4 SCC 764
2 Deo Narain v. State of U.P. (1973) 1 SCC 347
3 Kishan v. State of M.P. (1974) 3 SCC 623
4 Mahabir Choudhary v. State of Bihar (1996) 5 SCC 107
5 James Martin v. State of Kerala (2004) 2 SCC 203
Rights of Arrested Persons
1 D. K. Basu v. State of West Bengal (1997) 6 SCC 642
2 State of Haryana v. Dinesh Kumar (2008) 3 SCC 222
3 Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
FIR and Initiation of Criminal Process
1 Lalita Kumari v. Govt. Of Uttar Pradesh (2014) 2 SCC 1
2 Youth Bar Association of India v. Union of India and Others AIR 2016 SC 4136
3 State of Orissa v. Sharat Chandra Sahu (1996) 6 SCC 435
4 Madhu Bala v. Suresh Kumar (1997) 8 SCC 476
5 Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409
Fair Investigation
1 Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158 156
2 Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1 177
Additional Recommended Readings
Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408 175
Hardeep Singh v. State of Punjab,(2014) 3 SCC 92 183
Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1 195
Mrs. Neelam Katara v. Union of India, ILR (2003) II Del 377
Jurisprudence of Bail
1 Moti Ram and Ors. v. State of Madhya Pradesh MANU/SC/0132/1978
2 Gurbaksh Singh Sibbia and Ors. v. State of Punjab MANU/SC/0215/1980
3 Gurcharan Singh and Ors. v. State (Delhi Administration) MANU/SC/0420/1978
4 The State v. Jagjit Singh MANU/SC/0139/1961
5 State (Delhi Administration) v. Sanjay Gandhi MANU/SC/0171/1978

27
 6 Sanjay Chandra v. CBI MANU/SC/1375/2011
ERM-O:

1. Report of the Justice Malimath Committee, Reforms of Criminal Justice System,

Volume I, March 2003, 189-194
2. 202nd Report of the Law Commission of India, Proposal to Amend Section 304-B
of the Indian Penal Code, October 2007, 65-71
3. 243th Report of the Law Commission of India, Section 498-A IPC, August 2012,
1-11, 40-43
Additional Recommended Readings
241st Report of the Law Commission of India, Passive Euthanasia – A Relook, August
2012, 1-12, 34-40
210th Report of the Law Commission of India, Humanization and Decriminalization
of Attempt to Suicide, October 2008, 9-20
234thReport of the Law Commission of India, Legal Reforms to Combat Road
Accidents, August 2009,9-12, 32-35, 77-82
226th Report of the Law Commission of India, The Inclusion of Acid Attacks as
Specific Offences in the Indian Penal Code and a law for Compensation for Victims
of Crime, July 2008, 3-21
Report of the Justice J.S. Verma Committee, Amendments to Criminal Law, January
2013, 142-151
Report of the Justice J.S. Verma Committee, Amendments to Criminal Law, January
2013, 411-424, 434-453
227th Report of the Law Commission of India, Preventing Bigamy via Conversion to
Islam – A Proposal for giving Statutory Effect to Supreme Court Rulings, August
2009, 9-34
235th Report of the Law Commission of India, Conversion/reconversion to another
religion - mode of proof, December 2010, 10-18

ERM B:

1. Vibhute, K. I. (2017), PSA Pillai's Criminal Law. India: Lexis Nexis.

2. Pillai, K. N. (2017), R. V. Kelkar's Lectures on Criinal Procedure. Lucknow: EBC

T. Ten Commandments for law students

(excerpts from Andrew J. Mc. Clurg - University of Arkansas at Little Rock School of
Law)
1. Thou shalt be prepared for class.
2. Thou shalt be on time.
3. Thou shalt not be afraid to ask questions.
4. Thou shalt not be afraid to voice your opinion, even when it is believed to be contrary to the
professor's.
5. Thou shalt tolerate the professor's offbeat sense of humor.
6. Thou shalt respect thy classmates.
7. Thou shalt understand that there is method in the madness.
8. Thou shalt not be afraid to seek out the professor's office.
9. Thou shalt regularly attend class.
10. Thou shalt take a deep breath and prepare for a long, hard semester.

28
Annexure I
Cinema to Learn Various Facets of Criminal Law
1. 12 Angry Men (1957)
2. Pink (2016)
3. Guilty Minds, Ep. 2 (2022)
4. Aakrosh (1980)
5. Jail (2009)
6. Ardh Satya (1983)
7. Jai Bhim (2021)
8. Talvar (2015)
9. No One Killed Jessica (2011)
10. Ankur Arora Murder Case (2013)

Annexure II
Initiation of Criminal Proceedings before the Police (Few Steps)
(A) Introduction:
1. When person is a victim of any cognizable offence [see Section-2(c)], he normally
approaches the Police [Police Station] for lodging his/her complaint.

2. However, police sometimes may not register the FIR instantly based upon such
complaint. (either oral or written)

3. Though, it is not mandatory for the victim to give/submit written complaint and Police
cannot ask for the written complaint.

4. All the same, to facilitate the Police, victim, sometimes gives written complaint either
on his/her own or with the help of lawyer or any other literate person.

(B) Process of Registering the FIR:

i. It is the trite law that police have to register the FIR, if the case is of cognizable
offence. [See the Judgement of Lalitakumari of the Supreme Court (2014)]

ii. And FIR is to be lodged in a prescribe format provided by the State Government.

iii. It is u/s.154 of the CrPC.

iv. It is the information regarding the cognizable offence revealed/received for the first
time or first in point of time before the Police.

29
v. It mentions the name of the Police Station, District, Sections of the IPC or other Penal
Acts, name of the complainant/informant, name of the accused persons, if any,
otherwise could be registered against the unknown persons too.

vi. FIR also mentions the brief summary of incident – how the offences have occurred
etc.

vii. FIR is always signed by the informant and counter signed by the Police Officer.

viii. Though, FIR may not like encyclopaedia, which includes each and every details, but
material things are required to be mentioned in the FIR.

[C] Investigation:

1. After registering the FIR, investigation i.e., the collection of evidence will begin.

2. Though, in appropriate cases, investigation could start before the lodging of the FIR
also, as FIR is not the condition precedent for beginning of the investigation.

3. However, investigation is a process, where police would gather various kinds of

evidences to connect the criminal/accused with the evidence.

4. For example, firstly, if necessary, Spot Panchnama (description of place of offence

and recovery, if any from the place of offence).

5. Then, Police may record the statement of witnesses, if eye-witnesses are there, then,
their statements would be recorded immediately. (See the sample of Police Statement
u/s.161 of the CrPC on the last page)

6. Then, statements of other witnesses – those who know the victim or the accused
persons and witnessed of certain circumstances etc.

7. If dead body is found or person died during the treatment, then Inquest Panchnama
(description of his body – signs/injuries, which are visible on body are to be noted
including what kind of cloths s/he wore)

8. Then, after gathering some material, which could establish the nexus between the
crime and criminal, police may arrest a person or persons involved in the offences and
will make an arrest memo – Date of Arrest, by whom person is arrested.

30
9. The accused person’s conditions at the time of arrest is to be noted, if anything is
found from him is to be noted. His physique or physical structure be described with
signs/marks on the body etc.

10. Then, police will interrogate him and if further custodial interrogation is required,
police will produce him before the concerned Judicial Magistrate (under whose
territorial jurisdiction such Police Station will fall) and ask for remand i.e., send back
to Police custody, if required.

11. Sometimes, further interrogation is required to collect more evidence or to inquire

whether other persons are involved in the crime or any other additional information.
The Magistrate may grant remand – may not grant. (See s.167 of the CrPC)

12. When accused persons are with the Police, they are said to be in Police custody.

[D] Filing of the Charge sheet:

1. If during the investigation, the accused persons are not released on bail, then, Police is
required to file charge sheet within 60 or 90 days, as the case may be – as per S.167(2)
Proviso (a) (i) and (ii) of the CrPC.

2. Final report or charge sheet sometimes used as synonymous, but final report may not
be termed always as ‘charge sheet’, because it could be in terms of S.169 of the CrPC
or may contain Summary – A , B or C, which may say: offence is there, but
accused/offender is not found or complaint is mala fide or dispute is there, but it is of
civil nature.

3. However, charge sheet is the conclusion made by the police, when police found
sufficient material against the accused persons.

4. Once the charge sheet is filed, the function of the police is almost over, unless case
requires further investigation u/s.173(8) of the CrPC or something new material found
after filing of the charge sheet.

5. After filing of the charge sheet, the Magistrate may take cognizance of the case and if
it is triable by the Magistrate, the Criminal Case Number is given. If not, then, case is
committed to the Sessions Court u/s.209 of the CrPC – if triable by the Sessions
Court.

31
[E] Sample Draft of the Police Statement u/s.161 of the CrPC

“11-8-2021

I, XYZ, aged about-24 years, Hindu, Male, Occupation-Service and Residing at:
Swarup Bunglows, Gota, Taluka & District-Ahmedabad, declare before you in person that I
am a resident of abovementioned village and doing job in a private company. I am residing
with my family and my Bunglow no. is 5/B.

Yesterday, on 10-8-2021, in the morning around 8.30 am, when I was going on my
job in a Maruti car no.GJ-1-HR-6590, I saw near S.G. Highway, four persons came on two
motorcycles from the sourthern side and a middle aged person, who was walking on the left
side of the said Highway; they stopped him and stabbed him on the neck.

He tried to shouted, but they pressed his mouth and also stabbed in the abdomen. At
that time, I was passing through and after watching this shocking incident, I stopped my car
and so, seeing me, they abused me and threatened me and also tried to assaulted on me. I,
however, escaped/ran away by pushing the accelerator immediately. They also ran away in
the opposite direction to me. I, then, immediately called 108 and so, ambulance came in 10 to
15 minutes. In the meantime, some people already gathered there. I also reversed my car,
came on the spot. I got down from the car and saw that the said person was none but my next
door neighbour, whom I could not recognise from behind, when he was walking on the left
side of the road.

Now, those persons, who assaulted on him, if shown to me, then, I may identify, at
least, two, out of four.

Additionally, I may say that yesterday, in the evening, I further, came to know that
this next door neighbour was assaulted by those persons, because there was a serious land
dispute going between them and he made a complaint to the recently formed SIT of Police.
His name was Ramakant Pillai. Today, in the morning, I also came to know that my next door
neighbour - Mr.Ramakant Pillai died during the treatment. I guess that this incident has
happened due to filing of his complaint to the SIT, as the opposite party has taken the revenge
for the same. Whatever is stated above is true.

Before PSI - IO”

32