Rajiv Gandhi National University of Law, Punjab

Rajiv Gandhi National University of Law, Punjab
(Established by Punjab Act No. 12 of 2006)

Bhadson Road, Sidhuwal, Punjab
(Accredited ‘A’ Grade by NAAC)
Teaching Schedule
of
Criminal Law (Procedural)- II
For
B.A. LL.B. (Hons.)
Eighth Semester
Session 2022-23
Compiled By:
Dr. Shruti Goyal
Dr. Basant Singh
About the Subject
The Code of Criminal Procedure, 1973 is a code of procedure designed to further the ends of
justice. Article 21 of the Constitution provides guarantee to “Right to Life and Personal
Liberty”. It mandates that deprivation must be according to procedure established by law.
Procedural Law providing for a fair procedure is significant for a just society. The
Code of Criminal Procedure provides the machinery for the detection of crime, apprehension
of suspected criminals, collection of evidence, determination of the guilt of the accused and
imposition of punishment. It maintains a fine balance between the duty of the State to detect
the crime and punish the criminal and the rights of the accused. The course is aimed at
driving home the students how the pre-trial, trial and the subsequent process are
geared up to make the administration of criminal justice effective. The course will
acquaint the student with organization of the functionaries under the Code, their power
and functions at various stages and the procedure according to which these powers and
functions are to be exercised.
Objectives of the Course
The objectives of the course are to:

● familiarize the students with different aspects relating to investigation and prosecution
of offences
● sensitise the students towards misuse or abuse of powers of police and other critical
issues in the administration of justice like the role of victim etc.
Learning Outcomes
After studying the course, the students will be able to:

● understand the different functionaries under the Code along with their powers and
functions
● identify the different stages involved in investigation and prosecution of offences
● explain that how the Code ensures fair trial to the accused
● critically evaluate the reasons which lead to delay in trial and increase in backlog of
cases.
SYLLABUS
EIGHTH SEMESTER
CRIMINAL LAW (PROCEDURAL) - II
PAPER-II (COMPULSORY)
MODULE 1
JUDGEMENT COMPONENTS, COMPENSATION, VICTIM COMPENSATION

SCHEME, TREATMENT OF VICTIMS: SECTIONS 353-365
SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION: SECTIONS 366-371.
APPEAL-WHO CAN FILE APPEAL, TYPES OF APPEAL, FORUM OF APPEAL:

SECTIONS 372 - 379.
POWERS OF APPELLATE COURT, EVIDENCE BY APPELLATE COURT,

ABETMENT OF APPEAL: SECTIONS 386 - 394
REFERENCE AND REVISION: SECTIONS 395 - 405
MODULE II
TRANSFER OF CRIMINAL CASES: SECTIONS 406 - 412.
EXECUTION OF SENTENCES-DEATH SENTENCE, LIFE IMPRISONMENT,

IMPRISONMENT AND FINE: SECTIONS 413 - 431
SUSPENSION, PERMISSION AND COMMUTATION OF SENTENCES: SECTIONS

432- 435.
DISPOSAL OF PROPERTY: SECTIONS 451 - 459.
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS: SECTIONS

266-271.
MODULE III
GENERAL PROVISIONS AS TO INQURIES AND TRIALS: SECTIONS 300-327.
IRREGULAR PROCEEDINGS: SECTIONS 460 - 466
INHERENT POWERS OF HIGH COURT: SECTION 482
SECURITY PROCEEDING: SECTIONS 106 - 124

MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY: SECTIONS 129 - 148
MODULE IV
RELEASE ON PROBATION OF GOOD CONDUCT

(SECTIONS 361 & 362 C.R.P.C.) RELEVANT PROVISION OF THE PROBATION OF
OFFENDERS ACT, 1958.
JUVENILE JUSTICE (CARE AND PROBATION OF CHILDREN) ACT, 2015 –

DEFINITIONS, GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN,
JUVENILE JUSTICE BOARD: SECTIONS 2-9
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

(SECTIONS 10-26)
OFFENCES AFFECTING THE ADMINISTATION OF JUSTICE: SECTIONS 340-352.

THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022
SUGGESTED READINGS
⮚ CK Thakker- Criminal Procedure

⮚ K.D. Gaur- Textbook on the Code of Criminal Procedure
⮚ R.V. Kelkar - Code of Criminal Procedure
⮚ Ram Jethmalani and D.S. Chopra- The Code of Criminal Procedure, 1973
⮚ Rattan Lal and Dhirajlal- Code of Criminal Procedure
⮚ Sarkar on Criminal Procedure Code
⮚ Universal law Series- Code of Criminal Procedure
⮚ Vinayak D. Kakade- Criminal Trials- Practise and Procedure
ADDITIONAL READINGS
⮚ 154th Report on the Code of Criminal Procedure

⮚ 233rd Report on Amendment of Code of Criminal Procedure enabling Restoration of
Complaints
⮚ 237th Report on Compounding of Offences
⮚ 239th Report of Law Commission on India, Report on Expeditious Investigation and
Trial of Criminal cases against Influential Public Personalities- submitted to the
Supreme Court of India in W.P. No. 341/2004, Virender Kumar Ohri vs. Union of
India and Others
⮚ 268th Report of Law Commission on India, Amendments to Code of Criminal
Procedure, 1973- Provisions Relating to Bail
⮚ A. Lakshminath, Criminal Justice in India: Primitivism to Post Modernism, Journal of
Indian Law Institute, Vol. 48, pp. 26-56
⮚ Default Bail: A Study of Case Law, Journal of Indian Law Institute, Vol. 45, pp. 80-
97
⮚ K. Shreedhar Rao- Criminal justice System- Required Reforms, Journal of Indian
Law Institute, Vol. 44, pp. 155-174
⮚ Role of Judicial Officers in Criminal Justice Administration, Speech delivered by
Hon’ble Mr. Justice P.Sathasivam at Tamil Nadu State Judicial Academy
⮚ B.B. Pande, ‘Bad’ Juveniles and the ‘Worst’ Juvenile Justice :Law: The Second
Challenge to Juvenile Justice Law in Darga Ram v. State of Rajasthan, Journal of
⮚ Ved Kumari, Juvenile Justice Bill 2014- A Regressive Step, Journal of Indian Law
Institute, Vol. 56, pp. 303-319
Module 1
Topic 1
Judgement Components, Compensation, Victim Compensation Scheme, Treatment Of

Victims: Sections 359, Other Provision Relating To Judgment: Ss. 363-365
No. of Lectures: 3
Outline of the Topic
● Modes of pronouncement of Judgment

● Supply of Copy of Judgment to the accused
● Time of Pronouncing Judgment
● Alteration in Judgment
● Language and Contents of the Judgment
● Remarks in Judgment
● Power of Court to order compensation
● Compensation and fine
● Victim compensation scheme
● Treatment of victims
Case Laws
● Anil Rai v. State of Bihar, AIR 2001 SC 3173

● Iqbal Ismail Sodawala v. State of Maharashtra, AIR 1974 SC 1880
● Hari Singh v. Sukhbir Singh AIR 1988 SC 2127
● Laxmi v. Union of India (2016) 3 SCC 669
● Parivartan Kendra v. Union of India, (2016) 3 SCC 571
● Z v. State of Bihar, AIR 2017 SC 3908
● Sunita Jain v. Pawan Kumar Jain and Ors. 2008 (2) SCALE 13
Module 1
Topic 2
SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION: Sections 366-371
No. of Lectures: 1
● Submission of death sentence for confirmation

● Jail Custody
● Duty of the High court
● Power to direct further inquiry
● Presence of the convicted person
● Power of High Court to confirm sentence or annul conviction
● Signing of Judgment
● Procedure in case of difference of opinion [Section
Case laws
● K. Govindaswami Pillai v. Govt. of India AIR 1986 Mad 204

● State of Maharashtra v. Sindhi AIR 1975 SC 1665
● Jumman v. State of Punjab AIR 1957 SC 469
● Charan Singh v. State of Punjab (1975) 3 SCC 39
● Bhupendra Singh v. State of Punjab AIR 1968 SC 1438
● Neti Sreeramulu v. State of A.P. AIR 1973 SC 2551
● Sajjan Singh v. State of M.P. (1999) 1 SCC 315
● Satwant Singh v. State AIR 1986 Delhi 393
Module 1
Topic 3
APPEAL-WHO CAN FILE APPEAL, TYPES OF APPEAL, FORUM OF APPEAL:

SECTIONS 372 TO 379
No. of Lectures: 2
● Appeal as a statutory right

● Appeal by victim
● Appeal from convictions
● Time period for disposal of appeal
● Absence of Convict or dismissal for default
● Appreciation of Evidence
● No appeal in cases when the accused pleads guilty
● No appeal shall lie in petty cases
● Appeal by the State Government against sentence
● Enhancement of Sentence
● Appeal in case of acquittal
● Appeal by complainant
● Principles while dealing with an appeal against an order of acquittal
● Appeal against conviction by High Court in certain cases
Case Laws
● Durga Shankar Mehta v. Raghuraj Singh AIR 1954 SC 520

● Roopendra Singh v. State of Tripura (2017) 13 SCC 612
● Satya Pal Singh v. State of M.P. (2015) 15 SCC 613
● Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. (2007) 6 SCC 528
● K.S.Panduranga v. State of Karanataka (2013) 3 SCC 721
● Eknath Shankarrao Mukkawar v. State of Maharashtra (1977) 3 SCC 25
● Subhash Chand v. State (Delhi Administration) AIR 2013 SC 395
Module 1
Topic 4
POWERS OF APPELLATE COURT, EVIDENCE BY APPELLATE COURT,

ABETMENT OF APPEAL: SECTIONS 386 TO 394
No. of Lectures: 2
● Petition of appeal
● Procedure when appellant in jail
● Summary disposal of appeal
● Guidelines for Summary disposal of appeal
● Procedure when the appeal has not been dismissed summarily
● Power to call for records
● Powers of the Appellate Court
● After pursuing such record-Dismissal in default
● Appreciation of Evidence
● Alter the nature or/and extent of the sentence so as to enhance or reduce the same
● Suspension of sentence and release on bail pending appeal by the appellate court
Case Laws
● Surya Baksh Singh v. State of U.P. (2014) 14 SCC 222

● Chandrappa v. State of Karnataka (2007) 4 SCC 415
● Krishna Vithu Suroshe v. State of Maharashtra AIR 1974 SC 274
● Satya Pal Singh v. State of M.P. (2015) 15 SCC 613
● Shyan Deo Pandey v. State of Bihar AIR 1971 SC 1606
● Padam Singh v. State of U.P. AIR 2000 SC 36
● State v. M. Krishna Mohan (2007) 14 SCC 667
● Ramanand Yadav v. Prabhu Nath Jha AIR 2004 SC 1053
Module 1
Topic 5
REFERENCE AND REVISION: SECTIONS 395 TO 405
No. of Lectures: 3
● Reference to high court a question as to validity of any provision, regulation etc.

● Reference to high court a question of law
● Committal of accuse to jail or release on bail
● Procedure for disposing off the reference
● Power to call for and examine the record of any proceeding
● No power of revision in respect of interlocutory orders
● Power can be exercised alternatively by sessions judge or high court
● Enhancement of sentence
● Conversion of acquittal into conviction-suo motto
● Conversion of conviction into acquittal
● Revisional power vis-a vis- Inherent Power
● Who can file revision application
● Power to order inquiry by High court or Session judge on dismissal of complaint, or
discharge of accused
● Session Judge's power for revision
Case Laws
● N. Dhakkal v. James Basnett 2001 (10) SCC 419

● Nupur Talwar v. CBI. (2012) 11 SCC 465
● Mir Ghulam Ahmed v. Haji Abdul Rehman and others 1973 Cri LJ 832
● Sahab Singh v. State of Haryana (1990) 2 SCC 385
● Akalu Ahir v. Ramdeo Ram (1973) 2 SCC 583
● Thankappan Nadar v. Gopala Krishnan (2002) 9 SCC 393
● Prabhu Chawla v. State of Rajasthan (2016) 16 SCC 30
● Sheetala Prasad v. Sri Kant (2010) 2 SCC 190.
Module 2
Topic 1
TRANSFER OF CRIMINAL CASES: Sections 406 to 412.
No. of Lectures: 2
● Power of Supreme Court to transfer cases and appeals

● Who may file application
● Dismissal of application
● Factors to be kept in mind while considering an application for transfer
● Test for transfer of case
● Power of High Court to transfer cases and appeals
● Power of Sessions Judge to transfer cases and appeals
Case Laws
● K. Anbazhagan v. Superintendent of Police and Ors. Etc. (2004) 3 SCC 767

● Ram Chander Singh Sagar and Another v. State of Tamil Nadu and Another AIR
1978 SC 475
● Zahira Habibullah Sheikh v. State of Gujarat (2004) 5 SCC 353
● Abdul Nazar Madani v. State of Tamil Nadu (2000) 6 SCC 204
● Nahar Singh Yadav v. Union of India (2011) 1 SCC 307
● Gurcharan Das Chadha v. State of Rajasthan AIR 1966 SC 1418
● Maneka Sanjay Gandhi v. Rani Jethmalani (1979) 4 SCC 167
● Jayendra Saraswati Swamigal @ Subramaniam v. State of Tamil Nadu 2008 (10)
SCALE 323
● S.K. Shukla v. State of U.P. AIR 2006 SC 413
● Neelam Kanwar v. Devinder Singh Kanwar (2000) 10 SCC 589
● Sachin Dubey v. Shirish Kumar Bharadwaj (2005) 11 SCC 17
● Dhyan Investments & Trading Co. Ltd. v. CBI and Others (2001) 6 SCC 607
Module 2
Topic 2
EXECUTION OF SENTENCES-DEATH SENTENCE, LIFE IMPRISONMENT,

IMPRISONMENT AND FINE: Sections 413 to 431
No. of Lectures: 3
● Execution of death sentence confirmed by High Court under section 368

● Execution of death sentence passed by High Court
● Procedure for postponement of execution of death sentence in case of appeal to
Supreme Court
● Power to appoint place of imprisonment
● Procedure when person to be imprisoned is in confinement in a civil jail
● Execution of sentence of imprisonment
● Warrant for levy of fine
● General provisions regarding execution
● Sentence on offender already undergoing sentence of imprisonment sentenced for
another offence
● Sentence on offender already undergoing a sentence of imprisonment for life is
sentenced for another offence
● Period of detention already undergone by accused to be set off
● Return of warrant of execution of sentence
Case laws
● Shatrughan Chauhan and Anr. v. Union of India and Ors. (2014) 3 SCC 1
● V. Sriharan @ Murugan vs. Union of India and Others AIR 2014 SC 1368
● Triveniben v. State of Gujarat (1988) 4 SCC 574
● Madhu Mehta v. Union of India AIR 1989 SC 2299
● V.K. Bansal v. State of Haryana (2013) 7 SCC 211
● Ammavasai v. Inspector of Police, Valliyanur (2000) 9 SCC 749
● Maliyakkal Abdul Azeez v. Collector ( 2003) 2 SCC 439
Module 2
Topic 3
SUSPENSION, PERMISSION AND COMMUTATION OF SENTENCES: Sections 432

to 435
No. of Lectures: 3
● Procedure to suspend or remit sentences

● Application for remission
● Appropriate Government
● Whether appropriate Government can exercise power to suspend or remit sentence
suo motto
● Types of Remissions
● Remission-Factors to be considered
● Power of Government to commute sentences
● Meaning of life imprisonment
● Restriction on the powers of remission or commutation in certain cases
Case laws
● Union of India v. V. Sriharan (2016) 7 SCC 1

● State of M.P. v. Ratan Singh (1976) 3 SCC 470
● S. Sant Singh v. Secretary, Home Department, Government of Maharashtra 2006 Cri
LJ 1515
● Sangeet v. State of Haryana (2013) 2 SCC 452
● Laxman Naskar v. Union of India (2000) 2 SCC 595
● State of Haryana v. Mahender Singh (2007) 13 SCC 606
● Sher Singh v. State of Punjab (1983) 2 SCC 344
● Ram Shankar v. State of M.P. AIR 1981 SC 644
● Delhi Admn. v. Manohar Lal (2002) 7 SCC 222
● Ramraj v. State of Chhattisgarh (2010) 1 SCC 573
● Duryodhan Rout v. State of Orissa (2015) 2 SCC 783
● Naib Singh v. State of Punjab (1983) 2 SCC 454
● Gopal Vinayak Godse v. State of Maharashtra AIR 1961 SC 600
● Maru Ram v. Union of India (1981)1 SCC 107
● Tara Singh v. Union of India (2016) 11 SCC 335
Module 2
Topic 4
DISPOSAL OF PROPERTY: Sections 451 to 459
No. of Lectures: 3
● Order for custody and disposal of property pending trial in certain cases
● Procedure for disposal of property at the conclusion of the trial
● Order for disposal of property by Court of Session
● Delivery of the property on execution of a bond
● Disposal by the confiscation of the property
● Disposal in respect of cash and currency notes
● Property of documents produced before it or in its custody
● Payment to an innocent purchaser in certain circumstances
● Appeals
● Destruction of libellous and other matter
● Restoration of possession of immovable property
● Procedure when property has been seized by the police
● Procedure when no claimant appears within six months
● Power to sell perishable property
Case Laws
● S.P., Forest Cell, Adyar & Anr. vs. M/s. Kannans Co. 2000 6 Scale 521
● Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283
● Basavva Kom Dyamangouda Patil v. State of Mysore (1977) 4 SCC 358
● N. Madhavan v. State of Kerala (1979) 4 SCC 1
● Vijay Bahadur Singh v. State of U.P. (1975) 4 SCC 113
H.P. Gupta v. Manohar Lal AIR 1979 SC 443
Module 2
Topic 5
● ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS:

SECTIONS 266-271.
● No. of Lectures: 4

● Attendance of prisoners
● Power of State Government
● Officer in charge of prison
● Commission for examination of witness in prison
Module 3
Topic 1
GENERAL PROVISIONS AS TO INQIRIES AND TRIALS: SECTIONS 300-327
No. of Lectures: 4
Outline of the topic
 Concept of Double jeopardy
 Appearance of public prosecutor
 Concept of legal aid to accused
 Tender of pardon
 Power to summon or examine person
 Order to give specimen and handwriting samples
 Expenses of complainants and witness
 Examination of accused
 Accused to be competent witness
 Inquiries and trial in the absence of accused
 Compounding offences
 Withdrawal of prosecution
Case Laws
 Sister Mina Lalita Baruwa Vs. State of Orissa and Ors, AIR2014SC782.
 Jatender singh vs. Ranjit kaur, 2001 Cr. LJ, 1015 (SC).
 Bhoor singh vs. State of Punjab AIR 1974 SC 1256.
 Simaranjit singh Mann vs. UOI, 1993 Cr. LJ, 37 (SC).
 T.C. Mathai vs. Dist. & Sessions Judge, Thiravananthapuram, 1999 Cr. LJ, 2092
(SC).
 Deviendran vs. State of Tamil Nadu, 1998 Cr. LJ, 814 (SC).
 State vs. Arul Kumar, 2016 Cr. LJ 3127 (SC).
 Dharam Pal and Ors. Vs. State of Haryana and Anr. 2013VII AD (S.C.) 581.
 Hardeep Singh etc. etc. Vs. State of Punjab and Ors. etc. etc. MANU/SC/0025/2014.
 Jogendra Yadav and Ors. Vs. State of Bihar and Ors., MANU/SC/0833/2015.
 Natasha Singh Vs. CBI (State), (2013)5SCC741.
 Mannan Sk. Vs. Respondent: State of West Bengal, 2014(3)ACR2582(SC).
 Rajaram Prasad Yadav Vs. State of Bihar and Anr. 2013viii AD (S.C.) 583.
Module 3
Topic 2
IRREGULAR PROCEEDINGS: Sections 460 to 466
No. of Lectures: 1
● Irregularities which do not vitiate proceedings

● Cognizance of offence
● Irregularities which vitiate proceedings
● Proceedings in wrong place
● Non compliance with provisions of section 164 or 281
● Effect of omission to frame or absence of error in charge
● Curable defects
● Finding or sentence when reversible by reason or error, omission or irregularity
● Stage at which objection could be raised
● Irregularity in police investigation
● Defect or error not to make attachment unlawful
Case laws
● Joshi Purshottam Jethanand v. State of Kutch AIR 1954 SC 700

● P.C. Mishra vs. State (CBI) AIR 2014 SC 1921
● Bangaru Laxman v. State (2012) 1 SCC 500
● Nasiruddin Khan v. State of Bihar (1973) 3 SCC 99
● Kehar Singh v. State (Delhi Admn.) (1988) 3 SCC 609
● State of U.P. v. Singhara Singh AIR 1964 SC 358
● Dalbir Singh v. State of U.P. (2004) 5 SCC 334
● Kamalanantha v. State of T.N. (2005) 5 SCC 194
● State of M.P. v. Bhooraji (2001) 7 SCC 679
● State of H.P. v. Gita Ram (2000) 7 SCC 452
● Kalpnath Rai v. State (1997) 8 SCC 732
Module 3
Topic 3
INHERENT POWERS OF HIGH COURT: Section 482
No. of Lectures: 3
● Grounds on which power to be exercised

● Constitutional validity
● Maintainability of successive applications
● Opportunity of hearing
● Quashing of FIR
● Quashing of complaint
● Delayed trial
● Limitations of invoking inherent powers
● Inherent Power vis-a vis- Revisional power
● Expunction of remark
● Inherent power vis-à-vis compounding of offences
Case laws
● Ratilal Bhanji Mithani v. Asstt. Collector of Customs AIR 1967 SC 1639

● Divine Retreat Centre v. State of Kerala (2008) 3 SCC 542
● CBI v. Ravi Shankar Srivastava (2006) 7 SCC 188
● Sanapareddy Maheedhar Seshagiri v. State of A.P. (2007) 13 SCC 165
● Mahendra Singh v. State of Bihar (2002) 10 SCC 678.
● Krishna Narain Lal v. State of Bihar (1999) 9 SCC 247
● State of Haryana v. Bhajan Lal1992 Supp (1) SCC 335
● Pratibha v. Rameshwari Devi (2007) 12 SCC 369
● State of A.P. v. Golconda Linga Swamy (2004) 6 SCC 522
● R.P. Kapur v. State of Punjab AIR 1960 SC 866
● Suresh Gupta (Dr.) v. Govt. of NCT of Delhi (2004) 6 SCC 422
● Prabhu Chawla v. State of Rajasthan (2016) 16 SCC 30
● Madhu Limaye v. State of Maharashtra AIR 1978 SC 47
Module 3
Topic 4
SECURITY PROCEEDING: Sections 106 to 124
No. of Lectures: 2
● Execution of a bond for keeping peace on conviction

● Execution of a bond for keeping peace in certain cases
● Execution of a bond from persons disseminating seditious matters
● Execution of a bond from suspected persons
● Execution of a bond from habitual offenders
● Order to be made by the magistrate
● Procedure in respect of person present in Court
● Procedure in respect of person not present in Court
● Copy of order to accompany summons or warrant
● Dispensation of personal attendance
● Inquiry after order has been read or explained to the person or the person is brought
before magistrate
● Final order after conducting inquiry
● Discharge of person informed against
● Commencement of period for which security is required
● Contents of bond
● Power to reject sureties
● Imprisonment in default of security
Case laws
● Ram Narain Singh v. State of Bihar (1972) 2 SCC 532

● Re: Muthuswami Chettiar and others AIR 1940 Mad 23
● Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746
● Ram Narain Singh v. State of Bihar (1972) 2 SCC 532
Module 3
Topic 5
MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY: Sections 129 to 148
No. of Lectures: 2
● Commanding any unlawful assembly to disperse

● Measures to disperse an unlawful assembly
● Relationship of section 132 and 197
● Procedure for conditional removal of nuisance
● Section 133 vis-à-vis section 144
● Procedure where existence of public right is denied
● Power of Magistrate to direct local investigation and examination of an expert
● Power of Magistrate to furnish written instructions to investigator
● Procedure on order being made absolute and consequences of disobedience
● Injunction during the pendency of inquiry
● Direction to any person to abstain from a certain act or to take certain order
● Ex-parte orders in certain cases
● Duration of the order
● Rescinding or alteration of order
● Power to prohibit carrying arms in procession or mass drill or mass training with arms
● Procedure where dispute concerning land or water is likely to cause breach of peace
Case laws
● Anita Thakur v. State of J&K (2016) 15 SCC 525

● Ram Kumar v. State of Haryana (1987) 1 SCC 476
● Nagraj v. State of Mysore AIR 1964 SC 269
● State of M.P. v. Kedia Leather & Liquor Ltd (2003) 7 SCC 389
● re Ramlila Maidan Incident (2012) 5 SCC 1
● Shanti Kumar Panda v. Shakuntala Devi AIR 2004 SC 115
● State of Karnataka v. Praveen Bhai Thogadia (Dr.). (2004) 4 SCC 684
Module 4
Topic 1
RELEASE ON PROBATION OF GOOD CONDUCT

(Sections 361 & 362 Cr.P.C.) RELEVANT PROVISION OF THE PROBATION OF
OFFENDERS ACT, 1958.
No. of Lectures: 1
● Order to release the offender on probation of good conduct

● Section 360 vis-à-vis Probation of Offenders Act
● Special reasons to be recorded in certain cases
● Overview of the Probation of Offenders Act, 1968.
● Power of court to release certain offenders after admonition
● Power of court to release certain offenders on probation of good conduct
● Report of Probation Officer
● Variation in conditions of probation
Case laws
● Ved Prakash v. State of Haryana AIR 1981 SC 643

● Joginder Singh v. State of Punjab 1980 Cri LJ 1218
● Daljit Singh v. State of Punjab (2006) 6 SCC 159
● Chhanni v. State of U.P. (2006) 5 SCC 396
● Ramesh Dass v. Raghu Nath AIR 2008 SC 1298
● Sanjay Dutt (A-117) vs State of Maharashtra AIR 2013 SC 2687
● Bishnu Deo Shaw v. State of West Bengal AIR 1979 SC 964
● Om Prakash v. State of Haryana (2001) 10 SCC 477
Module 4
Topic 2
JUVENILE JUSTICE (CARE AND PROBATION OF CHILDREN) ACT, 2015 -

DEFINITIONS (Section 2) GENERAL PRINCIPLES OF CARE AND PROTECTION
OF CHILDREN (Sections 3).
No. of Lectures: 2
● Overview of the Juvenile Justice Act

● Difference between the criminal justice system and the juvenile justice system
● Salient features of the act
● Important definitions
● Child
● Child in conflict with law
● Child in need of care and protection
● Children's home
● Child care institution
● Fit facility
● Heinous offences
● Juvenile
● Observation home
● Petty offences
● Serious offences
● Special juvenile police unit
● Special home
● General principles to be followed in administration of Act
Case Laws
● Subramanian Swamy v. Raju (2014) 8 SCC 390
Articles
● Rupam Jagota, Juvenile Justice System in India-an Attempt at Reformation,

RMLNUJ, 2010, pp. 83-96
● Kumar Ashkand Pandey, Brain Science, Juvenile Delinquency and the Juvenile
Justice (Care and Protection of Children) Act, 2015: A Critique, RMLNUJ, 2015, pp.
54—64
● B.B Pande, “Stilling the Turbulent Juvenile Justice Waters: The Supreme Court's Precedented
Response to an Unprecedented Challenge in Salil Bali v. Union of India”, (2013) 9 SCC J-
25 .
● Mohd. Arif, Reconsidering Juvenile Justice in Contemporary Period: In the
Light of Juvenile Justice (Care & Protection ofChildren) Act, 2015, ARJ, 2016, Vol.
24, pp. 282- 300.
Module 4
Topic 3
JUVENILE JUSTICE BOARD (Sections 4-9) PROCEDURE IN RELATION TO

CHILDREN IN CONFLICT WITH LAW (Sections 10-26)
No. of Lectures: 3
● Composition of Juvenile Justice Board

● Powers, functions and responsibilities of the Board
● Placement of persons
● Procedure to be followed by board
● Procedure in relation to children in conflict with law
● Bail
● Inquiry by Board regarding child in conflict with law
● Preliminary assessment into heinous offences by Board
● Powers of Children's Court
● Order that may not be passed against a child in conflict with law
● Provision with respect of run away child in conflict with law
● Child Welfare Committee
● Powers and functions of the Committee
Case laws
● Sampurna Behura v. Union of India (2018) 4 SCC 433

● Vishanta v. Union of India (2016) 13 SCC 711
● Nagendra v. State of U.P. (2017) 11 SCC 598
● Upendra Pradhan v. State of Orissa (2015) 11 SCC 397
● Sri ganesh v. State of Tamil nadu
● Gaurav Kumar v. State of Haryana (2015) 16 SCC 310
● Bachpan Bachao Andolan vs. Union of India (2017) 1 SCC 653
Articles
● B.B. Pande, ‘Bad’ Juveniles and the ‘Worst’ Juvenile Justice :Law: The Second
Challenge to Juvenile Justice Law in Darga Ram v. State of Rajasthan, Journal of
● Ved Kumari, Juvenile Justice Bill 2014- A Regressive Step, Journal of Indian Law
Institute, Vol. 56, pp. 303-319
Module 4
Topic 4
OFFENCES AFFECTING THE ADMINISTATION OF JUSTICE: SECTIONS 340-352.
No. of Lectures: 1
 Procedure for application under section 340

 Power of magistrate to take cognizance
 Procedure for contempt
 Procedure for persons who refused to answer or produce document
Case Laws
 Vriendar Kumar Satyawadi vs. State of Punjab, AIR 1956 SC 153.
 M. Narayandas Vs. State of Karnataka, 2004 Cr. LJ., 822 (SC).
 Prem Sagar Manocha vs. State of NCT of Delhi, 2016 Cr. LJ., 1090(SC).
 State of Goa Vs. Jose Maria Albert Vales, 2018 Cr. LJ., 1395 (SC).
Module 4
Topic 5
THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022
No. of Lectures: 1
 Taking of measurement.
 Collection, storing, preservation of measurements
 Storing, sharing, dissemination, destruction and disposal of records
 Power of Magistrate to direct a person to give measurements
 Resistance to allow taking of measurements
Teaching Pedagogy
Lecture Method
Case Analysis Method
Discussion Method
Instructions to Students
The students are required to study up the legislations as amended up to date and
consult the latest edition of books.
The list of suggested readings is only illustrative and new suggestions shall be added
to it during the semester.
Some reading material shall be uploaded on ERP for students during the semester.
The students are advised to download the reading material and use it for their
preparation.
All students shall carry the instructed reading material in class along with their short
notes so as to enable a meaningful discussion.
The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session.
RAJIV GANDHI NATIONAL UNIVERSITY OF
LAW, PUNJAB
Teaching Schedule
of
Law of Evidence
for
B.A. LL.B. (Hons.)
8thSemester
Session 2022-2023
Compiled By:
Dr. Manoj Sharma
Associate Professor of Law
(Strictly for private circulation)

CONTENTS
1. Preface ...................................Error! Bookmark not defined.

1.1 Outline of the Subject ......................... Error! Bookmark not defined.
1.2 Outline ............................................... Error! Bookmark not defined.
2. Objectives of the Course ............................................... 12
3. Syllabus ........................................................................ 12
4. Learning Outcomes .................Error! Bookmark not defined.
5. Tentative Lecture Schedule .......................................... 14
6. Reference Material ........................................................ 16

6.1 Basic Readings ............................................................................... 16
6.2 Specific Materials ........................................................................... 17
6.2.1 Module I ................................................................................... 17
6.2.1.1 Statutes, Rules, Regulations ............................................... 17
6.2.1.2 Reports of Commissions ..................................................... 17
6.2.1.3 Articles ............................................................................... 18
6.2.1.4 Judgments ......................................................................... 19
6.2.2 Module II .................................................................................. 22
6.2.2.2 Reports of Commissions (Law Commission Reports etc) ...... 22
6.2.2.3 Articles ............................................................................... 23
6.2.2.4 Judgments ......................................................................... 24
6.2.3 Module III ................................................................................. 26
6.2.3.2 Reports of Commissions (Law Commission Reports etc) ...... 26
6.2.3.3 Articles ............................................................................... 27
6.2.3.4 Judgments ......................................................................... 27
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6.2.4 Module IV ................................................................................. 29
6.2.4.2 Reports of Commissions ..................................................... 29
6.2.4.3 Articles ............................................................................... 30
6.2.4.4 Judgments ......................................................................... 30
6.3 Other Media ................................................................................... 33
7. Teaching Pedagogy ....................................................... 34
8. List of Assignment/Project Topics ................................ 34
9. Instructions to Students ............................................... 36
3|Page
1.0 Preface
Laws can be categorised into Substantive laws and Procedural/Adjective

laws. Whereas substantive laws (e.g. IPC, Law of Contract, Property Law etc)
define rights, duties and obligations, the procedural laws (Code of Civil
Procedure, Code of Criminal Procedure, Limitation Act, Evidence Act etc) lay
down the procedure to be followed in courts regarding civil and criminal
matters. Law of Evidence is a procedural law applicable both to civil and
criminal matters. It is one of the most important branch of adjective law as
it enables the court to confine the judicial enquiry to relevant matters and to
throw away the irrelevant matters at the outset. It thus enables the court to
keep the judicial investigation within the four corners of relevant facts and
thereby avoiding prolonged, vexatious trials. Principles of Evidence Act help
the court in separating grain from the chaff i.e. it helps in separating relevant
facts and evidence from load of facts and evidence presented before the court.
This branch of adjective law is not new to India and its historical evolution
can be traced as far back in ancient Hindu period and during Medieval India
i.e. during Muslim rule in India. So far as ancient Hindu period is concerned,
the main function of the king was to uphold Dharma and therefore, he did
justice keeping in mind ‘Dharma’ and as such he was not bound by any
technical rules of evidence or procedure.
Manu Smriti contains reference to evidence being given before the court
appointed by the King. Manu Smriti states that after submission of plaint
and answer to the plaint, evidence is to be presented before the king.
Yajnavalkya states that there are mainly three categories of evidence i.e.
Witnesses, Documents and Possessions. However, Yajnavalkya also refers to
‘Ordeals’ as another category of evidence, which could be used, if the other
evidence is not available. There were various Ordeals popular in ancient
times like Ordeal by fire, water, balance, poison etc.
Narada Smriti also refers to three categories of evidence i.e. documentary

(Lekhya), oral (Sakshi) and divine evidence in the form of Ordeals. Katyayana
contains more elaborate reference to different stages of proceedings i.e.
4|Page
Purvapaksha (Plaint), Uttara (Reply to plaint), Pratyakalita (regarding
Burden of Proof) and Kriyapada (production of evidence).
During the medieval period, Muslim Kings administered justice according to

holy Quran. Quazi used to administer justice as per religious scriptures. The
evidence was classified into oral and documentary evidence. Oral evidence
was either direct or hearsay evidence. Certain documents were declared as
inadmissible being executed by women, children, criminals etc.
Thus, rules and principles of evidence were prevalent in ancient India.

However, the law was in disarray being religion and caste-ridden.
1.1 Evolution of Law of Evidence in India
During the English rule, English Common Law rules were made applicable
so far as law of evidence is concerned. The Law of evidence became secular
and it allowed all women to appear as witnesses (Cornwallis Code). Act X of
1835 marked the beginning of codification of law of evidence in India and
thereafter several attempts made towards this end. In the following two
decades there were around 11 enactments dealing with rules of evidence and
these were consolidated by Act 11 of 1855. However, Act 11 of 1855 allowed
the usage of principles of evidence contained in Mohammaden Law as well
as importation of common law principles.
This apart, the evidentiary rules prevalent in Courts in Presiency Towns and
the law applicable in Moffusils was different. So far as courts established in
Presidency Towns by Royal Charter were concerned, the English Rules of
evidence were made applicable as modified by the statute including the Act
11 of 1855. However, English rules of evidence were not strictly applicable
to Mofussils as clarified by the Full Bench of Calcutta High Court in 1866 in
Queen v. Khyroolah, 6 W.R. Cr. 21 whearin Peacock, C.J. clearly laid down
that there is no statutory authority for application of English common law
rules of evidence in Mofussils in India. Accordingly, there was no uniform
law on evidence applicable throughout the length and breadth of the country.
Further, after the codification of Criminal Law, Muslim criminal law was
5|Page
inapplicable to Mofussils presenting a precarious scenario where neither
English rules nor Mohammedan Law was applicable and accordingly courts
were guided by varied principles resulting in varied procedure in different
courts.
In such state of affairs, first attempt to have a uniform law of evidence was
made in the form of draft Bill of 1868 which was introduced by the then law
member of the Governor General’s Council, Sir Henry Sommer Maine. The
bill contained 39 clauses and was based on the recommendations of Indian
Law Commissioners. The Bill could not go beyond first reading and was
rejected as being unsuitable to Indian conditions and as being incomplete.
Sir James Fitzjames Stephen, the then law member of the Governor
General’s Council prepared another draft bill of the law of Evidence which
was presented to the Legislative Council in 1871 which approved the draft
bill. It received the assent of the Governor General on 15th March 1872 and
was brought into force from 01st September 1872. The Act 1 of 1872 is
primarily based on English Law of Evidence as amended keeping in view
English experiences and Indian conditions.
1.2 Reference to English authorities on Law of Evidence
Being based on Taylor’s Law of Evidence or the English Law, a very relevant
question which is required to be answered is whether and to what extent
reference to English authorities is permissible and justified. The Apex Court
in State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493 has clarified
the issue and has held that Indian law of evidence being primarily based on
English law as amended to suit Indian conditions, reference to English
authorities is not only permissible but justified, more so, when there is any
doubt or ambiguity. English authorities are, however, not binding but are
illustrative. They can not be followed blindly, they have to be adapted to
Indian conditions, if they are in consonance with Indian laws and the
principles enunciated by the Apex Court.
6|Page
It must also be noted that though Indian Law of Evidence is based on English
Law yet there are some differences between the two and hence English
authorities can not be blindly followed.
1.3 Scheme of the Act
Law of evidence is a set of rules for ascertaining disputed questions in

judicial enquiries. It contains set of rules, which regulate the enquiry before
the judge. The Act contains 167 sections, which have been divided into three
parts i.e.
– Part I - Relevancy of Facts (ss. 6-55)

– Part II - Proof (ss. 56 -100)
– Part III - Production and Effect of Evidence (ss. 101-167)
Section 5 of Indian Evidence Act declares that evidence can be given in any
suit or proceedings regarding the existence or non-existence of facts in issue
or relevant facts. Therefore, evidence can be given either of facts in issue or
of relevant facts and nothing else. The first part of Indian Evidence Act deals
with the most important question in the domain of evidence i.e. what are
relevant facts in a given case.
When a matter is tried in a court, host of facts and evidence is brought before
the court and the court is confronted with the task of separating the grain
from the chaff and in the process it is guided by part I of the Indian Evidence
Act. Whenever, any fact/evidence is brought before the court, the first
question which is required to be answered is how this fact/evidence is
relevant to the proceedings before the court.
The party producing the fact/evidence is required to show that the fact is
relevant under one or the other the statutory provisions contained in Part I
of the Indian Evidence Act. Part I of Indian Evidence Act, dealing with
relevancy of facts are further sub-divided into following parts
• Facts connected with the fact(s) to be proved (ss. 6-16) : Res Gestae,
Alibi, Motive, Last Seen Theory, Customs, Accident etc.
7|Page
• Statements about the fact(s) to be proved (ss. 17-39) : Admissions,
Confessions, Dying Declarations etc.
• Decisions about the fact(s) to be proved (ss. 40-44) : Relevancy of
judgments as Res Judicata, Autrefois convict etc.
• Opinions about the fact(s) to be proved (ss. 45-51) : Expert Evidence
etc
• Character of persons concerned with the fact(s) to be proved (ss. 52-
55) : Relevancy of Character in civil and criminal matters
In other words, the fact is relevant when it falls under any of the provisions
contained in sections 6-55 i.e. it is connected with the facts in issue in one
of the ways mentioned in above five sub-parts of Part I.
Second Part of Indian Evidence Act s is titled as ‘On Proof’. It deals with
modes of proving various facts i.e. which facts can be proved by oral evidence
and how documents are to be proved. Second part is divided into following
sub-parts”
• Facts which need not be proved - (ss. 56-58) i.e. facts of which the
courts shall take the judicial notice or facts which are admitted and
hence need not be proved
• Oral Evidence (59-60) – When and of which facts oral evidence can be
given
• Documentary Evidence (61-90) – How documents are required to be
proved? i.e. when primary evidence can be given and when secondary
evidence is admissible; how the documents required by law to be
attested are to be proved?; what are the assumptions regarding
documentary evidence etc?
• Exclusion of Oral or Documentary Evidence (91-100) – When oral
evidence shall be excluded by documentary evidence?
Third part of Indian Evidence Act deals with production and effect of
evidence. This part has been divided into following parts:
8|Page
• Burden of Proof (ss.101-111) – On whom lies the burden of proving a
fact generally and in special cases?
• Presumptions (ss.111A- 114A) – Presumptions regarding various facts
shifting the onus of proof
• Estoppel (ss.115-117)
• Rules regarding examination of witnesses (ss. 118-166) : Competence
of witnesses; privileged communications; questions which can be
asked during examination in chief and cross examinations etc.
• Improper admission or rejection of evidence (s.167)
1.4 Indian Evidence Act : Whether Procedural Law or Substantive Law
Indian Evidence Act is primarily a procedural/adjective law. However, it has

been observed by some authorities that it is a ‘procedural law with overtones
of substantive law’. The reason for such viewpoint is the provisions relating
to Doctrine of Estoppel contained in sections 115-117 of the Indian Evidence
Act.
So far as doctrine of estoppel is concerned, there has been debate and

controversy in the past whether it is principle of evidence or rule of
substantive law. Since estoppel is contained in section 115 of Indian
Evidence Act, therefore, it was treated as a rule of evidence. However, apart
from other differences, one must not lose sight of the fact that if it is treated
only as a rule of evidence, then it would only enable the parties to prevent
the opponent from resiling from their earlier stand in the course of judicial
proceedings. However, if it is treated as a rule of substantive law, it would
enable the parties to initiate legal proceedings since it will form part of cause
of action. It has now been settled that Estoppel which has originated from
equity and good conscience, is also a rule of substantive law. Be that as it
may, it is indeed a part of Rule of Law.
It is in this context, that the questions as to the nature of the Indian Evidence
Act, 1872 have been raised that whether law of evidence is procedural law or
substantive law or both. Indeed, it is a procedural law which also includes
9|Page
provisions relating to estoppel being a rule of evidence but estoppel is not
confined to procedural right but is also a substantive right. Henceforth, it
indeed is a procedural law with some overtones of substantive law.
1.5 Lex Fori
As stated earlier, Law of evidence is a procedural law and therefore, the law
applicable is deteremined on the principle of ‘Lex Fori’. ‘Lex Fori’ is a Latin
phrase which implies law of the forum of jurisdiction where the action is
filed/brought. In case of substantive laws, principle of ‘Lex Loci Actus’ (law
of the place where event has occurred) or ‘Lex Loci contractus’ (Law of the
place where the contract is entered into) may be applicable whereas in case
of procedural laws, law of the forum where matter is pending is applicable.
Hence all questions relating to admissibility of evidence and mode of proof
shall be determined in accordance with the law applicable in the country
where the matter is pending. Even evidence is collected abroad or is received
from abroad, its admissibility is to be determined in the accordance with the
local laws of the place where the action is being tried.
Indian Evidence Act is applicable both to civil matters and criminal matters
alike. Yet there are some provisions, which deal primarily with civil law alone
and there are some provisions, which deal primarily with criminal law. A
panoramic view of the Act, regarding applicability to civil and criminal
matters is given hereunder:
Civil Law Criminal Law

Admissions (ss. 18-20) Relevancy of facts (s. 10)
Character (s. 52,55) Confessions (ss. 24-30)
Estoppel (ss. 115-117) Character (ss. 53-54)
Presumptions (111A, 113A, 113B,
114A)
Incompetency of parties as witness
(s. 120)
10 | P a g e
Information as to commission of
offences (s. 125)
Evidence of Accomplice (133)
Character of prosecutrix in rape
case (s. 155)
Apart from the above provisions, Indian Evidence Act is applicable to both
civil and criminal matters before the court.
1.6 Law of Evidence : Retrospective or Prospective
Generally, substantive laws are presumed to be prospective in operation

unless otherwise provided. However, procedural laws can be retrospective in
operation and they apply to proceedings already initiated unless otherwise
provided. Litigants have vested right in substantive laws but no litigant can
claim to have a vested right to be tried by a particular procedure. The
procedure correctly adopted can not be reopened on amendment of the
procedural law. Law of Evidence is an adjective law and hence amendments
to law of evidence are retrospective.
1.7 Indian Evidence Act : Whether Exhaustive
Indian Evidence Act, 1872 is a consolidating statute and is a complete code

in itself. It was intended to be exhaustive regarding law of Evidence. However,
with the passage of time, various statutes dealing partly with rules of
evidence have been enacted e.g. Bankers Books Evidence Act, 1891; CPC
1908 – O. XXVI; Cr.PC, 1973, ss. 291, 291A,292; Divorce Act, 1889 –ss. 7,
12, 14; Registration Act, 1908 – ss. 49 and 50; Information Technology Act,
2000. With the emergence of these laws, it appears that Indian Evidence Act,
1872 is not exhaustive. Though the Act is exhaustive of the general law
relating to evidence yet the special provisions relating to evidence are there
on the statute book.
Advancements in information technology have impacted Indian Evidence Act

regarding proof of digital documents, digital signatures, manipulation of
11 | P a g e
digital documents, production of oral evidence by way of video-conferencing
etc. and accordingly, Act has been amended to incorporate such changes.
Advancements in science and technology e.g. development of DNA
techniques in establishing paternity beyond reasonable doubt might overcast
the provisions contained in section 112 of Act yet the Act has remained by
and large useful and an important Code.
Evidence Act was enacted in 1871 i.e. around one and half centuries ago and
much water has flown down the river since then. However, the Evidence Act
has withstood the test of times and is one of the most beautifully drafted
laws which is still more than useful.
2. OBJECTIVES OF THE COURSE

The focus of the course is to train students in the niceties of the procedure,
relevancy of facts, relevancy and admissibility of evidence, recording of
evidence, appreciation of evidence etc so that the students, after completing
the course, are in a position to understand various aspects of law of evidence
and in fact are trained sufficiently to file and defend civil and criminal
litigations on their own. The focus shall be on interpretation of bare
provisions in the light of judicial decisions. The main objectives of the course
are as under:
▪ To understand the scheme of the enactment

▪ To develop the skill of interpreting provisions of Indian Evidence Act
▪ To understand and apply legal provisions in solving legal problems
▪ To understand the manner and mode of proving facts
▪ To understand how documentary evidence is filed in court, how it is
admitted and exhibited as Evidence
▪ To appreciate the manner and mode of proving electronic documents
▪ To discuss and evaluate opinion evidence, forensice evidence and
digital evidence
▪ To analyse judicial interpretation of various provisions of Law of
Evidence
12 | P a g e
▪ To enable the students to understand how witnesses are to be
examined, cross examined and re-examined
▪ To understand what questions can be asked during examination, cross
examination and re-examination
▪ To identify the problems areas in the law
3.0 COURSE OUTCOMES

By the end of the course, the students will
• Understand the general principles and concepts of the Law of Evidence

• Have working knowledge of rules of evidence and rationale behind
them
• Understand practical application of relevancy and admissibility of
various facts in civil and criminal litigations
• Have sound knowledge of types of evidence and the rules regarding
production and admissibility of evidence
• Appreciate the evidentiary value of various types of evidence
• Understand the historical rules of evidence and the application of such
rules to the present day scientific and electronic evidence
• Be able to demonstrate communication skills, including oral advocacy
(learning the basics of examination and cross-examination)
• Be able to critically analyse the provisions of the law and suggest
possible reforms and changes.
• Be able to relate all procedural laws and understand them holistically.
4. SYLLABUS
Module I
• Introduction, Need, Object, Scheme and Commencement of the Act

• Definitions and Statutory Interpretation, May Presume, Shall
Presume, Conclusive Proof etc. (S. 3-4)
• Relevancy of Facts: Facts Connected with Facts in Issue (S. 6-16)
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• Admissions (S. 17-23, 31)
• Confessions (S. 24-30)
Module II
• Statement by Persons who cannot be called as witnesses (S. 32-33)

• Statement made under special circumstances (S. 34-39)
• Relevancy of Judgments (S. 40-44)
• Expert Testimony (S. 45-51)
• Character when relevant (S. 52-55)
Module III
• Facts which need not be proved (S. 56-59)

• Oral Evidence (S. 59-60)
• Documentary Evidence (S. 61-78)
• Presumptions Regarding Documentary Evidence (S. 79-90A)
• Exclusion of oral evidence by documentary evidence (S. 91-100)
Module IV
• Burden of Proof (S. 101-114A)

• Estoppel (S. 115-117)
• Witnesses (S. 118-134)
• Examination of witnesses (S. 135-166)
• Effect of improper admission and rejection of evidence (S. 167)
5. TENTATIVE LECTURE SCHEDULE

The planned tentative schedule for the subject is tabulated below. The
number of lectures is mere indication of the number of lectures for a
particular topic. These are not watertight compartments and are flexible
depending on the needs and circumstances.
Sr. No. Topic Number of

Lectures
Module I
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1. Introduction, Need, Object, Scheme and 2
Commencement of the Act
2. Definitions and Statutory Interpretation, 2
May Presume, Shall Presume, Conclusive
Proof etc. (S. 3-4)
3. Relevancy of Facts: Facts Connected with 3
Facts in Issue (S. 6-16)
4. Admissions (S. 17-23, 31) 3
5. Confessions (S. 24-30) 3
Total Lectures 13
Module II
6. Statement by Persons who cannot be 3
called as witnesses (S. 32-33)
7. Statement made under special 2
circumstances (S. 34-39)
8. Relevancy of Judgments (S. 40-44) 1
9. Expert Testimony (S. 45-51) 2
10. Character when relevant (S. 52-55) 2
Total Lectures 10
Module III
11. Facts which need not be proved (S. 56-59) 2
12. Oral Evidence (S. 59-60) 1
13. Documentary Evidence (S. 61-78) 3
14. Presumptions Regarding Documentary 2
Evidence (S. 79-90A)
15. Exclusion of oral evidence by 2
documentary evidence (S. 91-100)
Total Lectures 10
Module IV
16. Burden of Proof (S. 101-114A) 3
17. Estoppel (S. 115-117) 2
18. Witnesses (S. 118-134) 3
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19. Examination of witnesses (S. 135-166) 3
20. Effect of improper admission and 1
rejection of evidence (S. 167)
Total Lectures 12
Total Lectures Proposed to be delivered in online mode 45
6. REFERENCE MATERIAL
As the subject encompasses the study of the complete Act, students are
expected to have latest bare act at all relevant times. In addition, they may
opt for one basic book for reference. The additional material has been
provided module-wise in the following sub-sections.
6.1 Basic Readings

Students may opt for any of the following books depending on their
preference.
• M.C. Sarkar and S.C. Sarkar, Sarkar’s Law of Evidence, Butterworths
Wadhwa, Nagpur, 17th Ed.
• M Monir, Textbook on The Law of Evidence, Universal Law Publishing,
Gurgaon, 2016.
6.2 Further Readings
• Ratanlal and Dhirajlal, Law of Evidence, Wadhwa & Co., Nagpur, 22nd
Ed.
• Vepa P Sarathi, Law of Evidence, Eastern Book Company.

• C.D. Field, Commentary on Law of Evidence, Delhi Law House, Delhi,
13th Ed.
• John Woodroofe and Amir Ali, Law of Evidence, Butterworths, New
Delhi.
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6.2 Specific Materials
The following section provides detail of material module-wise and topic-wise.
Students are expected to read the material so as to be able understand the
concepts holistically. The research papers/articles can be accessed via
JSTOR, SCCOnline etc.
The list of judgements is not exhaustive. The students are expected to know
the basic principle of the judgement and facts, wherever needed.
The relevant reports and statutes have also been mentioned to help students
to explore further on the topics.
6.2.1 Module I
Module I begins with the introduction to the Act and why there was a need
to bring in such a law. This module covers sections 1-30 and will include an
elaborate discussion on the important concepts like Res Gestae, Admissions,
Confessions, etc. The students are recommended to refer to the following
material to be able to understand and participate in class.
6.2.1.1 Statutes, Rules, Regulations
• The Indian Evidence Act, 1872

• The Code of Criminal Procedure, 1973
• Code of Civil Procedure, 1908
6.2.1.2 Reports of Commissions
The Law Commission of India--
• 69th Report on The Indian Evidence Act, 1872

• 74th Report on Proposal to amend the Indian Evidence Act, 1872 so
as to render Admissible certain statements made by witnesses before
Commissions of Inquiry and other Statutory Authorities
• 84th Report on Rape and allied offences-some questions of substantive
law, procedure and evidence
• 88th Report on Governmental Privileges in Evidence
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• 94th Report on Evidence obtained illegally or improperly
• 185th Report on Review of the Indian Evidence Act, 1872
Other Reports
Relevant excerpts from Malimath Committee Report, Justice Verma

Committee Report
6.2.1.3 Articles
• Sir James Fitzjames Stephen, A Digest of The Law of Evidence, (George

Chase, New York, 1887). (Introduction, pp. vii to xxii).
• S. Rangarajan, Law of Evidence, ILI Publication, (1978) pp. 259-301.
• VP Sarathi, (1979). Civil Procedure and Evidence. Annual Survey of
Indian Law. ILI, 291-317.
• Justice KN Basha, Appreciation of Evidence, available at
http://tnsja.tn.gov.in/article/App%20of%20Evi%20by%20KNBJ.pdf
• Jefferson L Ingram, Criminal Evidence, (Routledge, 2017) Chapter 2
Approach to the Study of Criminal Evidence.
• Vepa P. Sarathi, Historical Background of the Indian Evidence Act,
1872, Special Issue JILI (1972) 1.
• Abhinav Sekhri, Confessions, Police Officers and § 25 of the Indian
Evidence Act, 1872, (2014) 7 NUJS L Rev 55.
• Talha Abdul Rahman, Fruits of the Poisoned Tree: Should illegally
obtained evidence be admissible?, (2011) PL May S-38.
• Vijai Govind, The Role of Witnesses in the Ancient and the Modern
Indian Judicial System, 15 JILI (1973) 645.
• Dhruva Gandhi, Clipping the wings of the prosecution in a criminal
trial - an erroneous exclusion of ‘mental facts’ from section 27 of the
Indian Evidence Act, National Law School of India Review Vol. 29, No.
2 (2017), pp. 149-172.
• Ashish Goel, Indian Supreme Court in Smt. Selvi v State of Karnataka:
Is a confusing judiciary worse than a confusing legislation? Law and
Politics in Africa, Asia and Latin America, Vol. 44, No. 4 (2011), pp.
602-615.
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• Shreya Prakash, Interpretation of Section 6 of the Indian Evidence Act,
(2017) 1 SCC J-21
6.2.1.4 Judgments
S. 1-5
• State of Punjab v Sodhi Sukhdev Singh, 1961 SCR (2) 371

• Ramjas v Surendra Nath AIR 1980 All 385
• Ramrao v Narayan, AIR 1969 SC 724
• Union of India v R Gandhi, Madras Bar Association (2010) 11 SCC 1
• Brijnandan Sinha v Jyothi Nandan AIR 1956 SC 66
• Sheoraj Singh v AP Batra, AIR 1955 All 638
• Kuldip Singh V State of Punjab (1996) 10 SCC 659
• Fiat India v Dr. Zahid Hussain Gillani AIR (2003) J&K 71
• State of MP v Anshuman Shukla (2008) 7 SCC 487
• Ram Bihari Yadav v State of Bihar (1998) 4 SCC 517
• Triloki Nath v State of UP, AIR 2006 SC 321
• Ziyauddin Burhanuddin Bukhari v Brijmohan Ramdas Mehta AIR 1975
SC 178
• Ram Singh v Col Ram Singh AIR 1986 SC 31
• Kathi Kalu Oghad v State of Bombay 1961 AIR 1808
• Ritesh Sinha v State of UP, (2019) 8 SCC 1
• RK Anand v Registrar, (2009) 8 SCC 106
• Nandlal Vasudeo Badwaik v Lata Nandlal Badwaik (2014) 2 SCC 576
• Munshi Prasad and others v State of Bihar (2002) 1 SCC 3351
• Sharad Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116
• State of Rajasthan v Mahesh Kumar (2019) 7 SCC 678
S 6-16
• Genthla Vijaywardhan Rao v State of Andhra Pradesh, AIR 1996 SC

2791
• Bishna v West Bengal, AIR 2006 SC 302
19 | P a g e
• Krishan Kumar Malik v State of Haryana (2011) 7 SC 130
• RM Malkani v State of Maharashtra 1973 SCR (2) 417
• Ram Singh v Col. Ram Singh, AIR 1986 SC 3
• Vikram Singh v State of Punjab (2017) 8 SCC 518
• Anjan Kumar Sharma v State of Assam (2017) 14 SCC 359
• Kusum Ankama Rao v State of AP, 2008 (9) Scale 652
• CBI v Abdul Karim Telgi, 2005 Cri LJ 2868
• MP Sharma v Satish Chandra, 1954 SCR 1077
• Parvathi v Thirumalai, ILR 10 Mad 334
• State of Maharashtra v Bhanu Das Sommanna 1997 CriLJ 3205 Bom
• Paramjit Singh v State of Uttarakhand (2010) 10 SCC 439
• Vikramjit Singh v State of Punjab (2006) 12 SCC 306
• Khalil Khan v State of MP, (2003) 11 SCC 19
• Satpal v. State of Haryana (2018) 2 SCC 69
• Sukhram v State of Maharashtra, (2007) 7 SCC 502
• Musheer Khan v State of MP, AIR 2010 SC 762
• Ram Lochan Ahir v State of West Bengal, AIR 1963 SC 1074
• Surinder Pal Jain v Delhi Administration, AIR 1993 SC 1723
• Amina v Hasn Koya, AIR 2004 SC 1227
• Malkhan Singh v State of MP, AIR 2003 SC 2669
• Heera v State of Rajasthan (2007) 10 SCC 175
• Ankush Maruti Shinde v. State of Maharashtra (2009) 6 SCC 667
• Ravi Kapur v State of Rajasthan (2012) 9 SCC 28
• Kanta Prasad v Delhi Admin, (1958) 1 SCR 1218
• Yakoob Abdul Razak Memon v State of Maharashtra (2013) 13 SCC 1
• Sheoshankar Singh v State of Rajasthan, AIR 2011 SC 1403
• Tek Chand v State, AIR 1965 P H 146
• Rajindra Singh v. State of UP, AIR 2007 SC 2791
• Ram Kishan v State of Bombay, 1955 SCR (1) 903
• Pargam Singh v State of Punjab, (2014) 14 SCC 619
• R Shaji v State of Kerala, (2013) 14 SCC 266
• Gade Laxmi Mangraju v State of AP, AIR 2001 SC 2677
20 | P a g e
• Rajesh v. State of Haryana (2021) 1 SCC 118
S 17-23, 31
• Aimmini v Kerala, AIR 1998 SC 260

• Bhogilal Chunnilal Pandiya v State of Bombay, AIR 1959 Bom 359
• Union of India v Moksh Builders and Finance, 1977 AIR SC 409
• Anwar PV v PK Bashir, (2014) 10 SCC 473
• NCT v Navjot Sandhu (2005) 11 SCC 600
• CBI v VC Shukla, (1998) 3 SCC 410
• Nagindas Ramdas v Dalpatram Iccha Das, 1974 AIR 47
• Mayo v Mayo (1949) 269 S.W.2d 434
• Basant Singh v Janki Singh 1967 SCR (1) 1
• Faddi v State of MP, 1964 SCR (6) 312
S 24-30
• Pakala Narayan Swami v Emperor, AIR 1939 PC 47

• Palwinder Kaur v State of Punjab, AIR 1952 SC 354
• Veera Ibrahim v State of Maharashtra (1976) 2 SCC 302
• Selvi v State of Karnataka, AIR 2010 SC 1974
• Dipakbhai Jagdishchandra Patel v. State of Gujarat (2019) 16 SCC 547
• Ravindra Kumar Pal v Republic of India, 2011 (2) SCJ 191
• Shiva Karam Payaswami Tiwari v State of Maharashtra, (2009) 11 SCC
262
• Kishore Bhadke v. State of Maharashtra (2017) 3 SCC 760
• Vijay Shankar v State of Haryana, [2015 Cr.L.J. 4774]
• Raj Kumar Karwal v Union of India, AIR 1991 SC 45
• State of Gujarat v Aniruddh Singh, AIR 1997 SC 2780
• Aghnoo Nagesia v State of Bihar, AIR 1966 SC 119
• Dharam Deo Yadav v State of UP, (2014) 5 SCC 509
• Mohd. Abdul Hafeez v State of AP, AIR 1983 SC 367
• Pullukuri Kottaya v King Emperor, AIR 1947 PC 67
• Inspector of Police, Tamil Nadu v Balaprasana (2008) 11 SCC 645
21 | P a g e
• State of UP v Shingara Singh, AIR 1964 SC 358
• Mirza Akbar v Emperor, AIR 1940 PC 176
• Kashmira Singh v State of Madhya Pradesh, AIR 1952 SC 159
• Badri Rai v State of Bihar AIR 1958 SC 953
• Haroon Haji Abdulla v State of Maharashtra, AIR 1968 SC 832
• Sardul Singh Caveeshar v State of Bombay, 1958 SCR 161
• State through Supdt., CBI v Nalini, (1999) 5 SCC 253
• Bhagwan Swarup v State of Maharashtra (1964) 2 SCR 378
• Ratan Gond v State of Bihar, 1959 SCR 1336
• Romesh Chandra Mehta v State of WB, AIR 1970 SC 940
• State of Bombay v Kathi Kalu Oghad, AIR 1961 SC 1808
• RM Malkani v State of Maharashtra, AIR 1973 SC 157
6.2.2 Module II

• The Banker's Book Evidence Act, 1891
6.2.2.2 Reports of Commissions (Law Commission Reports etc)

Other Reports-
22 | P a g e
Committee Report
6.2.2.3 Articles
• Laurence H Tribe, Triangulating Hearsay, Harvard Law Review, Vol 87

No 5 March 1974 pp. 957-974
• H Richard Uviller, Evidence of Character to Prove Conduct: Illusion,
Illogic, and Ijustice in the Courtroom, University of Pennsylvania Law
Review, Vol 130, 1981-82, pp. 845-891.
• Saumya Maheshwari, The Language of Evidence in Rape Trials, 10
Socio-Legal Rev. 1 (2014)
• B.P. Beri, Typewriter Identification and Expert Evidence, (1984) 3 SCC
J-16
• Durba Mitra and Mrinal Satish, Testing Chastity, Evidencing Rape:
Impact of Medical Jurisprudence on Rape Adjudication in India,
Economic and Political WeeklyEconomic and Political Weekly, Vol. 49,
No. 41 (OCTOBER 11, 2014), pp. 51-58
• Mrinal Satish, "Bad Characters, History Sheeters, Budding Goondas
and Rowdies": Police Surveillance Files and Intelligence Databases in
India, National Law School of India Review, Vol. 23, No. 1 (2011), pp.
133-160
• Lyn M. Gaudet, Brain Fingerprinting, Scientific Evidence, And
"Daubert": A Cautionary Lesson From India, Jurimetrics, Vol. 51, No.
3 (SPRING 2011), pp. 293-318
• 100 years on, DNA casts doubt on Crippen case Available at
https://www.theguardian.com/uk/2007/oct/17/ukcrime.science#:~
:text=Nearly%20a%20century%20later%2C%20research,not%20be%
20those%20of%20Cora.
• Dr. Mukesh Yadav, “Dying Declaration, A Vital Medico-Legal
Evidence”, Journal of Indian Academy of Forensic Medicine JIAFM,
2006 : 28 (4) ISSN : 0971-0973 available at
http://medind.nic.in/jal/t06/i4/jalt06i4p155.pdf
23 | P a g e
• Dr. S.A. Cheema, “Dying Declaration and its Corroboration in Pakistan
and India: An Analytical Study of Case Law”, European Journal of
Business and Social Sciences, Vol. 2, No. 12, pp 89-100, March 2014.
P.P. 89 - 100 available at http://www.ejbss.com/recent.aspx
• DR. R.K. Gorea, “Critical Appraisal of Dying Declaration”, JIAFM,
2004; 26(1). ISSN 0971-0973 available at
http://medind.nic.in/jal/t04/i1/jalt04i1p24.pdf
• Daniel B. Garrie Digital Forensic Evidence in the Courtroom:
Understanding Content and Quality, 12 Nw. J. Tech. &Intell. Prop. [i],
128 (2014)
• Devarshi Mukhopadhyay and Debapriya Mukhopadhyay,
• Debunking Legal Myths on the Admissibility of Expert Evidence: A
Study from the Commonwealth, 2 KIIT Student L. Rev. 1 (2015)
• Barcelona Panda, Narco-Analysis and its Evidentiary Value in India,
(2011) PL July S-36
• Krishna Kumari Areti, Evidentiary Value of Expert Opinion Under
Indian Evidence Act, July 2007 available at
https://works.bepress.com/krishnaareti/5/download/
6.2.2.4 Judgments
S 32-33
• Pakala Narayan Swami v Emperor, AIR 1939 PC 47
• State of Punjab v Raj Kumar (2008) 8 SCC 543
• State of Rajasthan v Yusuf, AIR 2009 SC 2674
• Khushal Rao v State of Bombay (1958 SCR 552)
• Paniben v State of Gujarat (1992) 2 SCC 474
• Satish Ambana Bansode v State of Maharashtra (2009 SC)
• Sharad Birdichand Sharda v State of Maharashtra (1984) 4 SCC 116
• Betal Singh v State of MP (1996) 4 SCC 243
• Mukesh v State (2017) 6 SCC 1
• Alexandera Parera Chandrashekhar v King Emperor, AIR 1937 PC 24
• State of Gujarat v Jayerbhai Punjbhai Varu (2016) 14 SCC 157
24 | P a g e
• Ramakant Mishra v State of UP (2015) 8 SCC 299
• Jagbir Singh v. State (2019) 8 SCC 779
• Satish Chandra v State of MP (2014) 6 SCC 723
• Shama v State of Haryana (2017) 11 SCC 535
• Jagdish Parshad v Sarwan Kumar, AIR 2000 P&H 3
• State of Bihar v Radha Krishna Singh, AIR 1983 SC 684
• DuBust v Beresford, (1810) 2 Camp. 511
• Mahila Bajrangi v Badribai (2003) 2 SCC 454
S 34-39
• Gopeshwar v Bejoy AIR 1928 ILR 53 Cal
• CBI v VC Shukla (1998) 3 SCC 414
• Babloo Passi v State of Jharkhand (2008) 13 SCC 133
• Union of India v Saalim (2010) 15 SCC 544
S 40-44
• Karam Singh v State of MP (AIR 1965 SC 1037)
• Tirupati Tirumala Devesthanam v KM Krishnahia (AIR 1998 SC 1132)
S 45-51
• Ramesh Chandra Agarwal v Regency Hotel Ltd., AIR 2010 SC 806
• State (through CBI) v ST Chaudhary, AIR 1996 SC 1491
• Shivappa v State of Karnataka AIR 2008 SC 1860
• Selvi v State of Karnataka, AIR 2010 SC 1974
• Mallikarjun v. State of Karnataka (2019) 8 SCC 359
• Ram Chandra v State of UP, AIR 1957 SC 381
• Murari Lal v State of MP, AIR 1980 SC 531
• SPS Rathore v CBI, (2017) 5 SCC 217
• Padum Kumar v. State of UP (2020) 3 SCC 35
• Prem Sagar Manocha v. State (2016) 4 SCC 571
• Malay Kumar Ganguli v Dr Sukumar Das, AIR 2010 SC
• Laxmipati Choraria v State of Maharashra, AIR 1968 SC 938
• Frye v United States, 54 App DC 46 (1923)
• Daubert v Merrel Dow Pharmaceuticals Inc. 509 US 579 (1993)
• Santosh Kumar Singh v State (Through CBI) 2010
25 | P a g e
S 52-55
• R v Rowton (1865)
• Deelip Singh v State of Bihar (2005) 1 SCC 88
• Tukaram v State of Maharashtra, 1979 AIR 185
• Lillu alias Rajesh v State of Haryana, (2013) 14 SCC 643
• Makim v Attorney General of New South Wales, 1893 UKPC 56,, AC 57
• DPP v Thompson, [1918] AC 221
• DPP v Boardman, 1974]] 3 WLR 73
• Lakshmandas Chaganlal Bhatia v State, AIR 1968 Bom 400
6.2.3 Module III

• The Constitution of India, 1950
• The Information Technology Act, 2000
• The Personal Data Protection Bill, 2019
6.2.3.2 Reports of Commissions (Law Commission Reports etc)

Other Reports-
26 | P a g e
Committee Report
6.2.3.3 Articles
• N.S. Nappinai, Electronic Evidence — The Great Indian

Quagmire, (2019) 3 SCC (J-41)
• Devan Ajay Kumar, “Appreciation of Evidence Recorded Through
Electronic Media”, pp. 65-74 available at
http://ecourts.gov.in/sites/default/files/WS_IV_ALL.pdf
• K. Sai Rama Devi, “Mode of Treating and Recording Evidence,
including Recording Evidence through Video Conference”, pp.13-30
available at http://ecourts.gov.in/sites/default/files/WS_IV_ALL.pdf
• Paul H. Luehr, Real Evidence, Virtual Crimes - The Role of Computer
Forensic Experts , 20 Crim. Just. 14, 25 (2005)
• Nirmal Chopra (2006), Contradictions between Oral and Medical
Evidence 2006 PL October 5
• Justice Kurian Joseph, Admissibility of Electronic Evidence (2016) 5
SCC J-1
• Kumar Askand Pandey, Appreciation of Electronic Evidence : A
Critique of Judicial Approach 6 RMLNLUJ (2014) 24
• Tejas Karia, Akhil Anand and Bahaar Dhawan, “The Supreme Court of
India Redefines Admissibility of Electronic Evidence in India”, Digital
Evidence and Electronic Signature Law Review, 12 (2015) | 34)
available at journals.sas.ac.uk/deeslr/article/download/2215/2149
• Ashwini Vaidialingam, “Authenticating Electronic Evidence : S. 65 B
Indian Evidence Act”, 8 NUJS L. Rev. 43 (2015)
6.2.3.4 Judgments
S 56-59
• Uzagar Singh v Mst Jev, AIR 1959 SC 1041

• State of Punjab v Sodhi Sukhdev Singh, 1961 SCR (2) 371
27 | P a g e
• Nagindas Ramdas v Dalpatram Ichharam, AIR 1974 SC 471
• Narain Singh v State (1964 Cr LJ 730 SC)
• Steel Authority of India v Union of India, AIR 2006 SC 3229
• Madappa v Nage AIR 1919 Mad 833
• Bal Kundu v Shiva Toya 17 (Bom) 624 FB
• Meenal Nigam v Ravi Kalsi (2016) (1) ALLMR 89
• Bariah alias Shekhar v State of Karnataka, 2003 (1) ALD Cri 951.
S 59-60
• Bhoginbhai Hirjeebhai v State of Gujarat AIR 1983 SC 753

• JD Jain c Manager SBI, AIR 1982 SC 673
• State of Karnataka v SJ Jayalalitha (2017) 6 SCC 263
• Firozuddin Basheeruddin v Kerala (2001) 7 SCC 596
• Balram Prasad v State of Bihar, AIR 1997 SC 1830
• Rameshwar Dayal v State of UP (1978 SC)
• Tori Singh v State of UP, AIR 1962 SC 399
S 61-90A
• Prithi Chand v State of HP, AIR 1989 SC 702

• RVE Venkatachala Gounder v Arimugu Viswesara Swami PVP Temple
(2003) 8 SCC 752
• Sudhir Engineering v Litco Roadways (1995) RLR 286
• J Yashodha v K Shobharni, AIR 2007 SC 1721
• Hariom Agarwal v Prakash Chand Malviya (2007) 8 SCC 514
• State v Navjot Sandhu AIR 2005 SC 3820
• Anwar PV v PK Basheer (2014) 10 SCC 473
• Shahfi Mohd. V State of HP, AIR 2018 SC 714
• Sonu v State of Haryana, AIR 2017 SC 3441
• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7
SCC 1
• Ongba Thampi v Joy Kumar Singh (2009) 4 SCC 780
• N Kammalam v Ayyaswami, AIR 2001 SC 2802
28 | P a g e
• Jagdish Chand Sharma v Narayan Singh Saini (2015) 5 SCC 815
• State of UP v Shingara Singh, AIR 1964 SC 358
• Anil Malhotra v Apparel Export Promotion Council, AIR 2012 SC 31
• Union of India v Ibrahimuddin (2012) 8 SCC 148
• Kalpana Mehta v. Union of India (2018) 7 SCC 1
• Badan Singh v Brijraj, AIR 1955 PC 132
• Shri Lakhi Barua v Padma Kanta, AIR 1996 SC 125
• Om Prakash v Shanti Devi (2015) 4 SCC 601
S 91-100
• Shiromani v Hem Kumar, 1968 SCR (3) 639

• Nazir Khan v Ram Mohan Lal, AIR 1931 All 183
• Sheonath Prasad v Sorju Nania, AIR 1941 All
• Major Mistry v Mst Binda AIR 1946 All (FB) 126
• Perumal Chettiar v Ram Kashi Ammal, AIR 1938 Mad 785 (FB)
• Ishwar Das Jain v Sohan Lal (2000) 1 SCC 439
• SBI v Mula Shakhari Shakar Karkhana, AIR 2007 SC 2361
• Bai Hira Devi v Official Assignee, AIR 1958 SC 445
• Tulsi v Chandrika Prasad, AIR 2006 SC 3359
• Roop Kumar v Mohan Thadani, AIR 2003 SC 2418
6.2.4 Module IV

6.2.4.2 Reports of Commissions
29 | P a g e
Other Reports-

Committee Report
6.2.4.3 Articles
• Deekshitha Ganesan, Thayer and Morgan V. Stephen How

Presumptions Operate under the Indian Evidence Act, 1872, (2017) 11
NSLR 75
• Caesar Roy, Presumption as to Legitimacy in Section 112 of Indian
Evidence Act Needs to be Amended, 54 JILI (2012) 382
• Gautam Narasimhan, Revisiting S. 105 of the Indian Evidence Act,
1872, 10 Stud Adv (1998) 52
• Tanmay Amar, Matrimonial Communications: Wedded to the
Irrational, Student Bar Review Vol. 17 (2005), pp. 59-72
• Pooja Garg, Shifting Trends in Burden of Proof and Standard of Proof:
An Analysis of the Malimath Committee Report, Student Bar Review,
Vol. 17 (2005), pp. 38-58
• R Deb, Dowry Deaths Burden of Proof, Journal of the Indian Law
Institute, Journal of the Indian Law Institute, Vol. 37, No. 4
(OCTOBER-DECEMBER 1995), pp. 519-530.
6.2.4.4 Judgments
S 101-114A
30 | P a g e
• Anil Rishi v Gurbaksh Singh, (2006) 5. SCC 558
• Raghavamma v Chenchamma, AIR 1964 SC 136
• Dayabhai v State of Gujarat, AIR 1964 SC 1563
• Shambhu Nath v Ajmer, 1956 SCR 199
• Lal Chand v Mahant Rup Ram, (1926) 28 BOM. LR 855
• Jaya Laksmi Ammal v R Gopal Pathar, AIR 1995 SC 995
• Pratap Singh v. Shiv Ram (2020) 11 SCC 242
• Gautam Kundu v State of WB, (1993) 3 SCC 418
• Kanti Devi v Poshi Ram, AIR 2001 SC 2226
• Shyam Lal v Sanjeev Kumar, AIR 2009 SC 3115
• Banarasi Das v Tikku Dutta, (2005) 4 SCC 449
• Nand Lal Badwaik v Lata Nand Lal Badwaik (2014) 2 SCC 576
• Dipanwita Roy v Robroto Roy, (2015) 1 SCC 365
• Raja Babu v State of MP, AIR 2008 SC 3212
• Prem Kumar v State of Rajasthan (2009) 1 SCALE 230
• Shamnasaheb Multani v State of Karnataka, AIR 2001 SC 921
• Baijnath v State of MP, AIR 2016 SC 5313
• Ranjit Kumar Haidar v. Sikkim (2019) 7 SCC 684
• Surinder Singh v. Haryana (2014) 4 SCC 129
• Sher Singh v State of Haryana (2015) 3 SCC 724
• M Govind Raju v K Munniswami Gounder, 1996 SCALE (6)13
• Devinder Pal Singh v NCT, AIR 2002 SC 1661
• Balram Prasad Agarwal v State of Bihar, 1995 (2) BLJR 1224
• Mukesh Kumar s. State (2020) 10 SCC 120
S 115-117
• Pickard v Sears, (1837) 6 Ad and El 469
• Sarat Chander Dey v Gopal Chander Laha, (1891-92) 19 IA 203
• Mercantile Bank of India v Central Bank of India, 1938 AIR (PC) 52
• Fontana v Mauntner, (1979) 254 E.G. 199
• Motilal Padampat Sugar Mills v State of UP, 1979 SCR (2) 641
• Central London Property Trust Ltd v High Trees House Ltd, [1947]
KB 130
• Prakash Kalandari v Jahnvi Kalandri, AIR 2011 Bom. 119
31 | P a g e
• Combe v Combe, [1951] 2 KB 215
• Naba Kishore v Utkal University, AIR 1978 Ori 65
• Shri Krishna v Kurukshetra University, AIR 1976 SC 376
• Vandana v MLN University, AIR 1985 All 257
• Union of India v Anglo Afghan Agencies Ltd., AIR 1968 SC 718
• Century Spinning and Manufacturing Co. Ltd. v Ulhasnagar
Municipality, AIR 1971 SC 1021
• MP Sugar Mills v State of UP, (1979) 2 SCC 409
• Jit Ram v State of Haryana, AIR 1980 SC 1285
• Union of India v Godfrey Phillips, AIR 1986 SC 806
• BEF Fishermen Society v Sipahi Singh (1977) 4 SCC 145
• Waverly Jute Mills v Raymon, 1962 (3) SCR 209
• Union of India v. Unicorn Industries (2019) 10 SCC 575
S 118-135
• Rameshwar v State of Rajasthan, 1952 SCR 377
• Satish v State of Haryana, AIR 2017 SC 3437
• King v Baskerville (1916) KB 658
• Bhuboni Sahu v King AIR 1949 PC 257
• Kashmira Singh v State of Rajasthan AIR 1952 SC 54
• Ram Parkash v State of Punjab [1959] SCR 121
• Hari Charan Kurmi and Jogia Hajam v State of Bihar, AIR 1964 SC
1184
• R Dineshkumar v. State (2015) 7 SCC 497
• Somasundaram v. State (2020) 7 SCC 722
S 135-166
• Sukhwant Singh v State of Punjab (1995) 3 SCC 367
• Parmeshwari Devi v State, 1977 AIR 403
• Ghulam Rassol Khan v Wali Khan, AIR 1983 J K 54
• Sharadamma v Renchamma, AIR 2007 Kant 17
• Varkey Joseph v State of Kerala, 1993 AIR 1892
• Atul Bora v Akan Bora, AIR 2007 Gau 51
• Purshottam Jethanand v State of Kutch, AIR 1954 SC 700
32 | P a g e
• Bombay Cotton Manufacturing Co. v RB Motilal Shivlal, AIR 1915
PC 1
• Mohd. Mian v Emperor, (1919) 20 Cri LJ 566 (Pat)
• State of Karnataka v Yarappa Reddy, (1999) 8 SCC 715
• Sat Paul v Delhi Administration, AIR 1976 SC 294
• State of Rajasthan v Bhera, (1987) WLN (UC) 465
• Zahira Habibullah Sheikh v State of Gujarat, [2004] 4 SCC 158
• Rameshwar v State of Rajasthan, 1952 SCR 377
• Anita Sharma v. New India Assurance Company (2021) 1 SCC 171
S 167
• Narain v State of Punjab, 1959 Supp (1) SCR 724
• Nika Ram v State of HP, (1972) 2 SCC 80
• Prosenit Mitra v Chanda Fozdar (Mitra), 2001 SCC OnLine Cal
578
6.3 Other Media

The following section lists some movies that students may watch to
understand the application of the general principles of evidence; identify
differences in procedures; and identify how the popular perception of trial
procedures is different from the legal one. To reiterate, these are not
compulsory but just fun media to understand law in action.
• My Cousin Vinny 1992 (Voire Dire, Expert Opinion, Cross-

examination)
• To Kill a Mockingbird 1962 (Examination and Cross-examination of
witnesses, lawyering skills)
• Kramer v Kramer 1979 (Evidence in civil cases- custody dispute)
• 12 Angry Men 1957 (Proof Beyond Reasonable Doubt)
• A Few Good Men 1992 (Cross-examination)
• The Verdict 1982 (Expert Opinion)
• Anatomy of a Murder 1959 (Burden of Proof)
• Inherent the wind 1960 (Defence Tactics)
• Legally Blonde 2001 (Examination and Cross-Examination)
33 | P a g e
7. TEACHING PEDAGOGY
The aim of the course is to apprise the students regarding the nuances of
law of evidence in theory and in practice. Traditional lecture method
simpliciter is not suitable since participation and indulgence of the students
with problem solving attitude and orientation is required for dealing with
practical aspects of law. Keeping in view the requirements of the subject, it
is proposed to use a combination of various teaching methods. Accordingly,
a combination of following methods shall be used:
• Lecture Method
• Discussion Method
• Presentations
• Class room discussions
• Socratic Method
• Simulation by Case Exercises
Since the topic for discussion is informed well in advance, the students are
expected to identify problem areas so that participatory methods of teaching
can be used.
8. LIST OF ASSIGNMENT/PROJECT TOPICS

Tentative Project Topics are listed below.
1. Admissions in Pleadings vis-a-vis Evidentiary Admissions : An

Analysis
2. Burden of Proof under Indian Evidence Act
3. Circumstantial Evidence : Relevancy, Rules of Admissibility and
Evidentiary Value
4. Competency of Child Witness : An Analysis
5. Compulsion on Witness to answer incriminating Questions :
Analysis of Indian and UK Laws
6. Conclusive Proof under Evidence Act
7. Dying Declaration : Analysis with reference to Indian and UK Laws
34 | P a g e
8. Electronic Evidence : Relevancy, Admissibility and Evidentiary
Value
9. Estoppel under the Indian Evidence Act : An Analysis
10. Evidence of Accomplice : An Analysis
11. Evidence Tendered by Victim of Rape : Law and Procedure
12. Examination of Witnesses : Law and Procedure
13. Exclusion of Oral Evidence by Documentary Evidence : An Analysis
14. Facts in Issue vis-a-vis Relevant Facts : An Analysis
15. Forensic Evidence and Indian Evidence Act : An Analysis
16. Judicial Confessions : Relevancy, Procedure and Evidentiary Value
17. Law Relating to Test Identification Parade : An Analysis
18. Oral Evidence : Relevancy, Admissibility and Evidentiary Value
19. Presumption of Legitimacy : An Analysis with reference to Case Law
20. Presumptions as to Documents : An Analysis
21. Presumptions of Fact under the Evidence Act : An Analysis
22. Presumptions of Law under the Evidence Act : An Analysis
23. Privileged Communications : An Analysis
24. Proof of Documents not required by Law to be attested
25. Proof of Documents required by Law to be Attested
26. Proof of Handwriting : An Analysis of Legal Provisions
27. Proof of Psychological Facts : An Analysis
28. Proof of Public Right or Customs under Evidence Act : An Analysis
29. Proof of Signatures : An Analysis
30. Public Documents : Meaning and Proof
31. Character of Parties and Witnesses : Law and Procedure
32. Questions which may asked in Examination and Cross Examination
: An Analysis
33. Relevancy and Evidentiary Value of Expert Opinion
34. Relevancy and Evidentiary Value of Statements made by accused
while in Police Custody
35. Relevancy and Evidentiary Value of Things said or done by Co-
conspirator in reference to Common Design
35 | P a g e
36. Relevancy, Admissibility and Evidentiary Value of Test Identification
Parade in India
37. Res Gestae : Relevancy and Admissibility under Indian and UK Laws
38. Rule against Hearsay : An Analysis
39. Secondary Evidence : Meaning, Scope, Admissibility and Evidentiary
Value
40. Intention, Motive and Preparation under Criminal Law and their
Proof : An Analysis
9. INSTRUCTIONS TO STUDENTS
• All students shall carry bare act
• The students are expected to relate what they learn in the course with
other substantive and procedural laws already studied.
• Some Important judgments are listed hereinbefore, students are
advised to download these judgements and are further advised to
prepare their short-notes so as to enable meaningful discussion in
class
• The above teaching schedule is tentative and is subject to change as
per the need and requirements of the session
• The list of judgments recommended is only illustrative and new
judgements may be added to it during class-room discussion.
36 | P a g e
Rajiv Gandhi National University of Law,
Punjab
Teaching Plan
of
LAW of INSURANCE
for
B.A.LL.B.
Eighth Semester
Session 2022-2023
Compiled By :
Dr. Gurmanpreet Kaur
Associate Professor of Law
Table of Contents
Sr. No. Contents Page No.
1. Introduction to the Course 3
2. Objectives of the Course 4-5
3. Syllabus 6-8
4. Tentative Lectures 9-11
5. Reading Material Module I-IV 12-17
6. Teaching Pedagogy 18
7. Important Instructions 19
8. Project Topics 20-25
2
1. INTRODUCTION TO THE COURSE
The concept of insurance is to safegurd the interests of people from
uncertinity by providing certainity of payment at a given contingency. This
principle of insurance comes to be more and more used and useful in modern
affairs. Not only does it serve the ends of individuals, or of special groups of
individuals, it tends to pervade and to transform our modern socal order, too.
It may be described as a social device to rduce or elimintae risk or loss to life
and property. In the present time, when life is full of risk and uncertainity,
insurance has its own importance. Today insurance is not limited to
individuals or families. It embraces the entire country in the way that no
industry can ignore it. In a way, it is the backbone of industry. Big industrial
units having huge investments have to get the risk insured so that in case of
a misfortune, the industry may not come to a standstill.
The syllabus provides an insight into the basics of insurance and types of
insurance. Inusrance industry has undergone transformational changes;
opening up of the sector has led to the entry of some of the largest insurance
companies in the world. The industry has witnessed phases of rapid growth
along with spans of growth moderation. Apart from a few statutory changes,
the progressive development of the subject has taken place largely hrough
enormous amount of court decisions of Supreme Court, High Courts, National
Consumer Disputes Redressal Commission and State Commissions.
The Supreme Court has been of the view that an insurance is a commercial
transaction with the super added obligation of good faith and therefore, like
all other commercial transactios, it clauses have to be subjected to strict
construction, with the difference that ambiguities, have to be resolved n
favour of the insured.
The syllabus covers varied types of insurance, general legal principles,
insurance contracts and dispute resolution mechanism through Insurance
Regulatory and Development Authority (IRDA).
3
2. OBJECTIVES OF THE COURSE
The course has been designed for the students of B.A.LL.B (Honours) to teach
them thoroughly about the current legal provisions concerning Insurance Law
in India. This area of law is moving fast with frequent legislative as well as
changes in the usage and trade to meet the needs of the day. The course will
broadly cover topics on History of History, Scope of Insurance Law, General
Principles of Insurance Law, Types of Insurance, Insurance Regulatory and
Development Authority. Basic understanding of different types of insurance
is a pre-requisite for the course. This course will also lay foundation for
understanding and developing expertise on issues relating to Life Insurance,
Fire Insurance, Double Insurance, Re-insurance, Marine Insurance and other
forms of Insurance in India.
Insurance sector provide ample opportunities, so the focus of the course is to

develop the positive perception, right attitude, proper skills and sense of
responsibility which the lawyers, insurance agents, policy holders,
intermediaries are expected to assume when they complete their professional
education and start practising. This course would provide the students
opportunities to explore various alternatives available to them when they start
practice of law. The focus shall be on interpretation of bare provisions in the
light of judicial decisions and their applicability to the actual problems. The
main objectives of the course are as under:
• To understand the scheme of the Insurance Sector in India

• To develop the skill of interpreting provisions of the relevant Acts
• To understand various remedies available before approaching the
 Court for settlement of Insurance related disputes
• To understand and apply legal provisions in solving legal problems
• To analyse and understand the procedure for applying for applying for
various Insurance policies, appointment of  insurance agents and claim
of insurance.
• To explain the nature and type of documents required to procure
Insurance Policies.
4
• To analyse judicial interpretation of various provisions of enactments
covered by the Course
• To identify the shortcomings in the Insurance sector.
• To identify the factors for delay in disposal of insurance disputes and
finding alternatives for resolution. This course will provide students
with opportunities for professional and intellectual development and
prepares them for the practice of law as competent, professional and
socially responsible lawyers.
3. SYLLABUS
5
MODULE I
INTRODUCTION
Introduction to Insurance: Concept, Meaning and Advantages 
Essentials of Insurance Contract: Offer and Invitation to Offer,
Acceptance, Consideration, Capacity, Free Contract and Discharge of
Contract 
General Principles: Utmost Good Faith, Insurable Interest
General Principles: Proximate Causa, Subrogation and Assignment
Insurance and Similar Terms: Assurance vs. Insurance, Double
Insurance and Reinsurance, Insurance and Indemnity, Insurance and
Wager.
Module II
TYPES OF INSURANCE- I
Life Insurance: General Principles, Proposals and Policy, Non-Disclosure
and Misrepresentation, Insurance without Interest, Trading of Policy.
Fire Insurance: Fire Insurance Contract, Perils Insured and Proximate
Causa, Excepted Perils and Excluded Perils.
Medical Insurance: Meaning and Renewal of Policy and Wrongful Refusal
to Renew.
Social Insurance: Employer’s Liability Insurance, Employees’ State
Insurance.
Travel Insurance: Nature, Concept and Meaning.
Module III
MODULE III
TYPES OF INSURANCE- II
Motor Vehicle Insurance: Nature of the Contract, The Motor Vehicles Act,
1988 – Sec. (140-176), Nature and scope- Absolute or no fault liability,
Contributory Negligence Under, Compulsory Insurance Cover to Vehicle.
6
Marine Insurance: Scope and Nature of Marine Insurance, Insurable
Interest, Disclosure and Representation
Marine Insurance: Insured Perils, Proximate Cause, Measure of indemnity
Crop Insurance: Nature and Scope, Insurance policy and government
scheme.
Burglary and Theft Insurance: Meaning, Concept and Scope of
Interpretation of policy.
Module IV
Forms of Adjudication
Insurance Regulatory and Development Authority: Duties, Functions

and Powers.
Voluntary Settlements
Insurance Ombudsman: Powers, Functions and Award.
Insurance Disputes under Consumer Forums
Insurance Disputes under Arbitration and Permanent Lok Adalat
Suggested Readings
7
• Law of Insurance, J.V.N. Jaiswal, Volume 1 & 2 Eastern Book
Company, Lucknow
• Insurance: Law and Practice, C.L. Tyagi, Madhi Tyagi, Atlantic
Publishers, New Delhi
• Insurance: Law and Principles, Dr. Sachin Rastogi, Lexis Nexis,
Gurgaon
• Modern Law of Insirance in India: K.S.N. Murthy, KVS Sarma, Lexis
Nexis, Gurgaon
• An Introduction to Insurnce Laws: Dr. Naresh Mahipal, Ms. Samta
Soni, Central Law Publications, Allahabad
• General Principles of Insurance Law, R. N. Chaudhary, Central Alw
Publications, Allahabad
• Insurance-Principles and Practice: M.N. Mishra, S.B. Mishra, S. Chand
Publications, Delh
4. TENTATIVE LECTURES
8
Lectures
Module I Introduction
1. Introduction to Insurance: Concept, 3
Meaning and Advantages 
2. Essentials of Insurance Contract: Offer 2

and Invitation to Offer, Acceptance,
Consideration, Capacity, Free Contract
and Discharge of Contract 
3. General Principles: Utmost Good Faith, 2

Insurable Interest
4. General Principles: Proximate Causa, 2

Subrogation and Assignment
5. Insurance and Similar Terms: Assurance 2

vs. Insurance, Double Insurance and
Reinsurance, Insurance and Indemnity,
Insurance and Wager.
Total Lectures 11
Module II Types of Insurance- I
6. Life Insurance: General Principles, Proposals 3
and Policy, Non-Disclosure and

Misrepresentation, Insurance without
Interest, Trading of Policy.
7. Fire Insurance: Fire Insurance Contract, 2
Perils Insured and Proximate Causa,
Excepted Perils and Excluded Perils.
8. Medical Insurance: Meaning and Renewal of 1
Policy and Wrongful Refusal to Renew.

9. Social Insurance: Employer’s Liability 1
Insurance, Employees’ State Insurance.
9
10. Travel Insurance: Nature, Concept and 1
Meaning.
Total Lectures 8
Module III Types of Insurance- II
11. Motor Vehicle Insurance: Nature of the 3
Contract, The Motor Vehicles Act, 1988 – Sec.

(140-176), Nature and scope- Absolute or no
fault liability, Contributory Negligence Under,
Compulsory Insurance Cover to Vehicle.
12. Marine Insurance: Scope and Nature of 2
Marine Insurance, Insurable Interest,
Disclosure and Representation
13. Marine Insurance: Insured Perils, 2
Proximate Cause, Measure of indemnity

14. Crop Insurance: Nature and Scope, 1
Insurance policy and government scheme.
15. Burglary and Theft Insurance: Meaning, 2
Concept and Scope of Interpretation of policy

Total Lectures 10
Module IV Forms of Adjudication
16. Insurance Regulatory and Development 2
Authority: Duties, Functions and Powers.

17. Voluntary Settlements 1
18. Insurance Ombudsman: Powers, 2
Functions and Awards

19. Insurance Disputes under Arbitration 1
and Permanent Lok Adalat

20. Insurance Disputes under Consumer 1
Forums
Total Lectures 7
10
Total Lectures Proposed to be delivered 35
5. READING MATERIAL
Module I
BOOKS
11
Company, Lucknow
Publications, Delhi
Nexis, Gurgaon
Gurgaon
Publications, Delhi
CASE LAWS
Essentials of Insurance Contract
• New India Assurance Co. v. Ram Dayal, (1990) 2 SCC 680
• Prudential Insurance Company v. C.I.R., (1904)80 Comp Cas 242, 243
(Kar)
• General Assurance Society v. Chandmull Jain, AIR 1966 SC 1644
• Macura v. Northern Assurance Co. Ltd, (1925) AC 619
• LIC v. Komalvalli, (1984)2 SCC 719
• London & Lancashire Life Insurance Co. v. Fleming (1897) AC 499
• Lucena v. Crawford (1806)2 Bos & PNR 269
• LIC v Raja Vasireddy, (1984)2 SCC 719
• LIC v. B. Kusuma T Rai, (1989)1 Kar LJ 52
General Principles of Insurance

• All India Insurance Co. Ltd. & Another v. VSP Maheshwari, AIR 1960
Mad 484
• Srinivas Pillai v. LIC, AIR 1977 Mad 381
• Castellian v. Preston, (1883)11 QBD 380
• Dalby v. India & London Life Assurance Co., (1854)15 CB 365
• Life Insurance Corporation of India v. Asha Goel, AIR 2001 SC 549
• Piper v. Royal Exchange Assurance, (1932)44 LIL Rep 103
• Griffiths v . Fleming, (1909)1 KB 805
12
• Mushtaq Ahmad Sumji and Anr v. Divisional Manager, AIR 2005 J&K
66
• New India Assurance Co. Ltd v. M/S T.T. Finance Ltd, AIR 2011 Del
121
• Om Prakash Moda v. Life Insurance Corporation of India, AIR 2006 Or
167
• Hobbs v. Marlow, (1978)16 AC 39
• Scottish Union & National nsurance Co. v. Davis, (1970)1 Llyod’s Rep
1
• Yorkshire Insurance Co. v. Nisbet Shipping Co., (1962)2 QB 330
• North British & Mercantile v. Liverpool and London Globe, (1877)5 CHD
569
• Pink v. Fleming, (1890)25 QBD 396
• Leyland Shipping Co. v. Norwich Fire Insurance Co., (1918) AC 350
• Marsden v. City and Country Assurance Co., (1865)LR 1 CP 232
• Sandeep Kur Chourasia v. Divisional Manager, New India Insurance
Company Ltd., (2013)4 SCC 270
CORRESPONDING LEGISLATION
• The Insurance Act, 1938

• The Insurance Rules, 1939
Module II
BOOKS
Company, Lucknow
Gurgaon
Nexis, Gurgaon
Publications, Delhi
13
CASE LAWS
Life Insurance
• Dalby v. London & India Life Assurance Company, (1884)15 CB 365

• Life Insurance Corporation of India v. Vishwanathan Verma, AIR 1959
SC 189
• Santosh Kumar Gupta v. LIC, AIR 2000 Raj 327 (332)
• LIC v. Mira Devi, AIR 2011 Pat 144
• Dhruva Chandra Behera v. National Insurance Co. Ltd, AIR 2011 Ori
139
• National Life Insurance Co. v. Weldon, (1830) Bligh NS 194 (HL)
Fire Insurance
• Macaura v. Northern Assurance Co. (1925)AC 619

• Harris v. Poland, (1941)1 KB 462
• Everest v. London Assurance Co., (1865)34 LJCP 299
• M/S United Engineering Co. Raipur v. Oriental Insurance Company
Ltd. Raipur, AIR 2011 Chh 47
• Century Spg & Mtg Co. Ltd v. Oriental Fire & G.I. Co., AIR 2008 Bom
59
• Castellain v. Preston, (1883) LR 11 QBD 380
• New India Assurance Co. Ltd v. Zuari Industries Ltd, (2009)9 SCC 70
Medical Insurance
• United India Insurance Co. Ltd v. Manubhai D. Gajera, AIR 2009 SC

446
• Biman Krishna Bose v. United India Insurance Co. Ltd., (2001)6 SCC
477
• Niraj Maheshwari v. United India Insurance Co. Ltd, AIR 2011 Jhar 132
• N.D. Prasad v. New India Assurance Co. Ltd, AIR 2014 Ker 166
• Usha Jhunjhunwala v. Oriental Insurance Co. Ltd., AIR 2013 Pat 113
Social Insurance
• Tirhut D.U.S. Sangh Ltd. V. Oriental Insurance Co, AIR 2008 Pat 89
• Ved Prakash Garg v. Premi Devi, AIR 1997 SC 3854
• United India Insurance Co. v. Zugula, AIR 1997 Kant 167
• New India Assurance Co. Ltd. V. Muna Maya Basant, AIR 2001 Guj 304
• New India Assurance Co. Ltd v. Harshadbhai Amrutbhai Modhiya,
(2006)5 SCC 192
• M. Veerappa v. Evelyn Sequevis, AIR 1988 SC 506
14
CORRESPONDING LEGISLATION

• Insurance Regulatory and Development Authority of India (Third Party
Administrators - Health Services) Regulations, 2016
• Employees State Insurance Act, 1948
• Workmen’s Compensation Act, 1923
Module III
BOOKS
Company, Lucknow
Gurgaon
Nexis, Gurgaon
Publications, Delhi
CASE LAWS
Motors Vehicles Insurance
• National Insurance Co. Ltd. v. Seema Malhotra, (2001)3 SCC 151

• National Insurance Co. Ltd v. Sinitha, (2012)2 SCC 356
• Rekha Jain v. National Insurance Co. Ltd, (2013)8 SCC 389
• Oriental Insurance Co. Ltd v. Dyamavva, (2013)9 SCC 406
• Firdaus v. Oriental Insurance Co. Ltd & Others, 2017 LLR 898 (Sept)
Personal Accident Insurance
• Dipa Ganguly v. New India Assurance Company Ltd., 2009 SCC Cal
358
• Rita Devi v. New Inida Assurance Co. Ltd, (2000)5 SCC 113
15
• LIC v. Raj Kumar Mishra, (2000)1 CPJ 113
• Mohit Batra v. Orinenatal Insurance Co. Ltd, (2005)3 CPJ 729
Marine Insurance
• Lloyd v. Fleming, (1872) LR 7 QB 299

• BHS Industries v. Export Credit Guarantee Corporation Ltd., (2015)9
SCC 414
• New India Assurance Co. Ltd v. Hira Lal Ramesh Chand, (2008)10 SCC
626
• National Insurance Co. Ltd v. Sky Gems, AIR 2002 SC 545
• Arjandas Brijlal & Co. v. Oriental Insurance Co. Ltd, 2006 SCC NC DRC
80
Transit/Transport Insurance
• United India Insurance Co. Ltd v. Kantika Colour Lab, (2010)6 SCC 449
• Jaihind Roadways (P) Ltd v. Hindustan Motors Ltd., 2010 SCC Mad
3483
• Suraj Mal Ram Niwas Oil Mills (P) Ltd. V. United India Insurance Co.
Ltd, (2010)10 SCC 567
• United India Insurance Co. Ltd. V. Great Eastern Shipping Co. Ltd
(2007)7 SCC 101
CORRESPONDING LEGISLATIONS
• Marine Insurance Act, 1963
• Motor Vehicles Act, 1988
Module IV
BOOKS
Company, Lucknow
16
Gurgaon
Nexis, Gurgaon
Publications, Delhi
CASE LAWS
Burglary and Theft Insurance
• National Insurance Co. v. Public Type College, (2001)2 CPJ 26

• United India Insurance Co. Ltd v. Harchand Rai Chandal Lal, (2003)1
CPJ 393
• United India Insurance Co. Ltd v. Narayan Bansal, (2004)2 CPJ 526
CORRESPONDING LEGISLATIONS

• Insurance Regulatory and Development Authority of India Act, 1999
6. TEACHING PEDAGOGY
Teaching pedagogy will include lectures and classroom discussions. Basic

concepts will be discussed in lecture mode followed by case discussions.
Relevant recent cases will be additionally given to the students for all topics
after general understanding of the concepts.
17
The classes will bring the academic and practical worlds together, addressing
a range of issues that students experience in their cases, from honing legal
skills, to exploring issues of substantive law and procedure, to considering
real-world issues of professional responsibility and ethics. Keeping this view
in regard, it is proposed to use a combination of various teaching methods.
Accordingly, a combination of following methods shall be used:
• Lecture Method 
• Discussion Method 
• Socratic Method 
• Simulation by Case Exercises 
The course is directed towards developing the perception, attitudes, and

skills and sense of responsibilities, which the lawyers are expected to
assume when they complete their professional education. This course
provides students with opportunities for professional and intellectual
development and prepares them for the practice of law as competent,
professional and socially responsible lawyers.
7. INSTRUCTIONS TO THE STUDENTS
• All students shall carry Bare Act in the class

• Some Important judgments are listed hereinbefore, students are
 advised to download these judgments and are further advised to
prepare their short notes so as to enable meaningful discussion in class
18
• The above teaching schedule is tentative and is subject to change as
per the need and requirements of the class
• The list of judgments recommended is only illustrative and new
judgments may be added to it during classroom discussion
19
LAW, PUNJAB
Course Outline and Teaching Plan

of
Insolvency and Bankruptcy Law
for
B.A. LL.B. (Hons.)
VIII Semester
Session 2022-2023
Compiled By:
Dr. Neha Kapur Chawla
1
Table of Contents
1. About the Course 3-4
2. Course Objectives 4-5
3. Teaching Methodology 5
4. Course Evaluation 6
5. Learning Outcomes 12-13
6. Tentative Lecture Plan 13-15
7. List of Assignments/Projects 15-17
2
Semester-VIII February-May, 2023
Course Code
Course Credit 5
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Type Honours Course
Insolvency and Bankruptcy Law
About the course

Insolvency and Bankruptcy law is a part of one of the various courses taught on advanced
corporate law. The investment world requires continuous infusion of money and its recovery
is important for a smooth functioning which promotes ease of doing business. Every credit in
form of investment whether its huge or forms a portion of huge amount gives rise to an
expectation in the minds of creditor that, the funds if infused in a running business will fetch
profits. However, all investments are not fruitful as certain business houses in form of
corporates defaulted in payment of money which resulted in series of Litigations. One among
them was ever-greening of loan accounts which led to twin balance sheet problem and
consecutively resulted in insolvency proceedings. In India, the general principles of
insolvency laws are codified under the most recent legislation which is Insolvency and
Bankruptcy Code 2016. This course is designed to acquaint a student with the conceptual and
operational parameters of various general principles relating to insolvency law. It aims to
equip the students with the basics of this law to enable them to deal effectively with the
various disputes related to credits.
Many recent issues surrounding the insolvency and bankruptcy regime have come to light
during the last 5 years of implementation of the Code. This is also due to the financial sector
3
being impacted drastically by the pandemic of Covid-19 in the year 2019. Due to its major
impact on the income generating capacity of every person (such as individuals, companies
etc.) the economy was hit and so was the banking sector. The Government of India
introduced section 10 A to the Code which led to putting a hold on filing of fresh applications
for insolvency. The Code was put under a moratorium and its operations were suspended
which adversely effected the ease of doing business in India.
The first module consists of the Laws governing insolvency prior to the Insolvency and
Bankruptcy Code, 2016 i.e. the RDDBFI Act, 1993 and SARFAESI Act, 2002. It would also
discuss the Social, economic, and financial perspectives of insolvency law in light of the
Bankruptcy Law reforms Committee. The interface of the Code with Companies Act, 2013
with respect to the winding up provisions notified under the Code will also be explained.
The second module would discuss the important definitions under the Code such as dispute,
financial debt, operational debt and would highlight the process for initiating and filing an
application for insolvency resolution. It would also examine and analyze the issues
surrounding the constitution of the committee of creditors and the role entrusted to the
resolution professional in it. Recent judgments on the construction of resolution plan and pre-
pack insolvency resolution mechanism will also be discussed.
The third module would deal with the authorities and enforcement mechanism under the
Code. It would cover the role of NCLT and NCLAT as well as IBBI, IP’s and IUs in the
smooth working of the insolvency process. Provisions relating to fast-track insolvency
resolution will also be examined.
The fourth module would deal with the liquidation process under the Code. It would
elaborate upon the powers and duties of a liquidator and the waterfall mechanism for
distribution of assets under the Code. The transactions defrauding creditors and such other
transactions would be explained. The IBBI guidelines for insolvency of personal guarantors
will be discussed with relevant case laws. Also, recent developments surrounding the
insolvency matters will be highlighted.
Course Objectives
The course has been designed to acquaint the learners with the issues surrounding the
insolvency resolution process of corporate debtors, personal guarantors as individuals,
powers and functions of authority i.e., Insolvency and Bankruptcy Board of India and
4
liquidation process of a company. The course aims to develop the skill of interpretation of
provisions of the insolvency laws to ensure their application by citing relevant case laws.
 Develop understanding of the rules and regulations relating to the Insolvency of

companies and the issues faced by the creditors as well as the regulatory authority in
smooth implementation of the insolvency process.
 Impart knowledge of the laws existing prior to the Insolvency and Bankruptcy Code,
2016, social and economic theories behind the enactment of the Code, objectives of the
Bankruptcy Law Reforms Committee and interplay of the Code with Companies, Act,
2013.
 Analyze the legal framework for initiation and filing of application by financial creditor,
operational creditor and corporate debtor, issues in the constitution of the committee of
creditors, causes for delay in resolution process, duties of resolution professional and
nature of pre-pack insolvency resolution process.
 Acquaint learners with the role and powers of National Company Law Tribunal and
National Company Law Appellate Tribunal, functions and powers of Insolvency and
Bankruptcy Board of India, procedure for fast-track insolvency resolution process and
merits and demerits of resolution vis-à-vis liquidation.
 Understand and apply the law relating to voluntary liquidation of corporate persons,
powers and duties of a liquidator, distribution of assets in case of liquidation and
insolvency resolution process of personal guarantors to corporate debtors.
Teaching Methodology
The teaching pedagogy to be applied in this course will be a collaboration of the lecture
method and the case study method. The former method is the primary method used for
teaching a course. It consists of presentations, talks and discussions by the teacher to explore
various topics of a subject. It introduces the subject and facilitates an overview by identifying
all the possible key areas. It would be used to encourage thinking and develop in-depth
understanding. This in turn would motivate and create interest in-order to initiate further
discussion. The case study method on the other hand enables students to determine legal
principles on their own through carefully worded questions. Students are expected to be
prepared for class in advance by reading the assigned materials like case opinions, notes, law
review articles, etc. and by familiarizing themselves with the general outlines of the subject
5
matter. The student has to review the cases analyzed in class. From these materials, he tries to
construct an orderly statement of the legal rules and principles in the course’s field. The
student learns the rules and principles developed by Courts and learns to relate those rules to,
legal doctrines to facts and facts to doctrine.
Course evaluation method
The Course is assessed for 100 Marks in total by a close book application-based examination
system. There shall be a Mid-Semester Exam for 40 marks and End Semester Exam for 80
Marks. 25 Marks are allotted for the Project Work which includes 20 Marks for written
research work and 5 Marks for presentation of the Project. The question papers shall be
designed on a decided case based; therefore, students are advised to take classroom exercise
seriously and to develop their own application base skills.
Learning Outcomes
The course has been designed to impart theoretical and practical wisdom regarding the
intricacies of insolvency resolution process of companies and the issues faced by the
stakeholders in the process. After the completion of the course, the learners shall be able to
comprehend the recent amendments in the Code and how they impact the ease of doing
business in India. Precisely, the learning outcome of the course shall be to enable the students
to examine the recent Guidelines and Amendments introduced to improve the efficiency of
insolvency process. After the completion of the course, the students shall be able to
 Comprehend the role of Insolvency and Bankruptcy Code in protecting the interest of
creditors, interplay of the Code with other financial legislations, procedure prescribed for
liquidation of corporate debtor, role and powers of the Insolvency and Bankruptcy Board
of India and role of Insolvency Resolution Professional;
 Understand the need and objectives of the Insolvency and Bankruptcy Code, approach of
the Bankruptcy Law Reforms Committee Report, interplay of the Code with other laws
and definitions of debt, dispute, financial and operational creditor;
 Analyze the provisions for initiation and filing of application by Creditors, powers and
duties of the Committee of Creditors, role of resolution professionals, persons ineligible
to file a resolution plan and procedure under the pre-pack insolvency resolution process;
6
 Learn the powers and functions of Insolvency and Bankruptcy Board of India, role of
Insolvency Resolution Professional, functions of Information Utilities, features of fast-
track insolvency resolution process and resolution vis-à-vis liquidation;
 Acquire knowledge of the liquidation process, voluntary liquidation of companies,
extortionate credit transactions and process for insolvency resolution of personal
guarantors.
COURSE CONTENTS
Module- I: Introduction to Insolvency and Bankruptcy Regime in India
[Teaching Hours:
12]
1.1 Laws governing insolvency prior to the Insolvency and Bankruptcy Code, 2016: Sick
Industrial Companies (Special Provisions) Act, 1985, Recovery of Debts due to Banks and
Financial Institutions Act, 1993 and Securitisation and Asset Reconstruction and
Enforcement of Security Interest Act, 2002
1.2 Need and objectives of Insolvency and Bankruptcy Code, 2016: Social, economic, and
financial perspectives of insolvency law
1.3 Report of the Bankruptcy Law reforms Committee November, 2015: Exploring the
rationale and objectives of the Code
1.4 Insolvency and Bankruptcy Code, 2016 and Companies Act, 2013: Drawing the
interface
1.5 Definitions under the Code: Dispute, Financial Debt, Operational Debt, Financial
Creditor, Operational Creditor, Dispute, Personal Guarantor, Related Party, Resolution
Professional
Statutory References
The Companies Act 2013 (Act No. 18 of

2013)
Recovery of debts due to Banks & Financial Institutions Act 1993 (Act No. 51 of
1993)
7
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests
Act 2002 (Act No. 54 of
2002)
The Insolvency and Bankruptcy Code 2016 (Act No. 31 of
2016)
Report of the Committee
The report of the Bankruptcy Law Reforms Committee: Rationale and Design (2015)
available at: https://ibbi.gov.in/BLRCReportVol1_04112015.pdf.
Judicial References
 Innoventive Industries Ltd. Vs. ICICI Bank & Anr. Civil Appeal Nos. 8337-8338 of
2017.
 Arcelor Mittal India Private Limited Vs. Satish Kumar Gupta & Ors. Civil Appeal
NOs. 9402-9405 of 2018.
Articles
 M.S. Sahoo & Anuradha Guru, Indian Insolvency Law, VIKALPA THE JOURNAL
FOR DECISION MAKERS, 1-10, (2020)
Module-II: Corporate Insolvency Resolution Process [Teaching Hours:

25]
2.1 Initiation and filing of application for insolvency resolution: by financial creditor,
operational creditor and corporate debtor, Types of creditors under the Code i.e., financial,
operational, home buyers
2.2 Committee of Creditors: Powers, Duties and Process
2.3. Resolution Professional: Role, Duties and Ethics
2.4 Information Memorandum and Resolution Plan
2.5 Pre-Pack Insolvency Resolution Process: Recent Amendments

2016)
The Insolvency and Bankruptcy Code (Amendment) Act 2017 (Act No. 8 of 2018)
8
The Insolvency and Bankruptcy Code (Second Amendment) Act 2018 (Act No. 26 of
2018)
The Insolvency and Bankruptcy Code (Amendment) Act 2019 (Act No. 26 of
2019)
Insolvency and Bankruptcy Code (Amendment) Act 2020 (Act No. 1 of 2020)
Insolvency and Bankruptcy Code (Amendment) Act 2021 (Act No. 26 of

2021)
Judicial References
 Chitra Sharma v. Union of India, Writ Petition(s) (Civil) No(s).744/2017, Supreme

Court
 State Bank of India v. Bhushan Steel Limited, C.P. NO. (IB)- 201 (PB)/2017, NCLT
 Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta
and Others., Civil Appeal No. 8766-69, 2019, (2020) 8 SCC 531.
 Reliance Industries Ltd. v. Ajay Joshi RP of Alok Industries ltd. and Another., CP
(IB) No. 48/NCLT/AHM/2017
 State Bank of India v. Jyoti Structures Ltd, CP (IB) 1137 (MB)/2017, NCLT
 State Bank of India v. Electrosteel Steels Ltd., CP (IB) No. 361/KB/2017, NCLT
Kolkata Bench
 ICICI Bank v. Era Infrastructure (India) Ltd., CP. No. (IB)- 1151(PB)/2018, NCLT,
New Delhi Bench
 ABG Shipyard Ltd. V. ICICI Bank Ltd. & Ors., CP (IB) No.
53/19/NCLT/AHM/2017, NCLT, Ahmedabad Bench
 State Bank of India v. Monnet Ispat & Energy Limited, CP No. 1139/2017
 IDBI Bank Ltd. v. Lanco Infratech Ltd., CP (IB) No. 111/7/HYD/230/2017
 Corporation Bank v. M/s Amtek Auto Ltd., CP (IB) No. 42/Chd/Hry/2017
 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India and others, 2019 4 SCC 17,
25.1.2019
 Dharani Sugars and Chemicals Ltd. v. Union of India and others, (2019) 5 SCC 480
 Bank of Baroda v. Binani Cement Ltd., 2018 SCC online NCLAT 521.
 PNB v. Bhushan Power and Steel Ltd., (IB)-202(PB)/2017? | 21-08-2017, NCLT
 Arcelor Mittal India Pvt. Ltd. v. Satish Kumar Gupta and others AIR 2018 SC 5646
9
 Encore Asset Reconstruction Company Pvt. Ltd. v. Ms. Charu Sandeep Desai &
Others, National Company Law Appellate Tribunal, New Delhi, Company Appeal
(AT) (Insolvency) No. 719 of 2018
 State Tax Officer v. Rainbow Papers Limited, Civil Appel No. 2568 of 2020,
Supreme Court of India
 Electrosteel Steels Ltd. v. State of Jharkhand, W.P. (T) No. 6324/2019, Jharkhand
High Court
 Ultratech Nathwara Cement Ltd. v. Union of India, (2020) 116 taxmann.com 152
(Raj)
 Ghanshyam Mishra & Sons P. Ltd. v. Edelwiess Asset Reconstruction Company,
[2021] 126 taxmann.com 132/166 SCL 237 (SC)
 State Bank of India v. Jet Airways (India) Ltd. CP (IB) No. 2205/MB/2019
Articles
 Insolvency and Bankruptcy Code: A Miscellany of Perspectives, Insolvency and

Bankruptcy Board of India, 2019.
 Quinquennial of Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy
Board of India, 2021.
 Anusandhan, Exploring new perspectives on Insolvency, Insolvency and Bankruptcy
Board of India, 2022.
 Insolvency: Now and Beyond, A thought leadership document on insolvency regime,
Insolvency and Bankruptcy Board of India, 2022.
 T.V. Ganesan, Evolution of IBC and landmark judgments of Supreme Court, [2019]
105 taxmann.com 357 (Article)
 Samar Pratap Singh Rathore, Moratorium and overriding clause under IBC, [2020]
 L. Sai Charan, Operational creditors- a need for equitable treatment, [2019] 102
taxmann.com 179 (Article)
 Hareesh Kumar, Resolution Plan under IBC, 2016, [2020] 122 taxmann.com 16
(Article)
 S.S. Sanjay Krishnan, Resolution Professional: The detector of preferential
transactions, [2020] 117 taxmann.com 554 (Article)
10
 K. Ritika & Kriti Gupta, Effectiveness of Second Amendment to Indian Insolvency
Law, 17 DARTMOUTH L.J. 93 (2019).
Module-III: Adjudicating Authorities and Enforcement Mechanism
[Teaching Hours: 7]
3.1 Adjudicating Authorities: Role and Powers
3.2 Insolvency and Bankruptcy Board of India: Powers and Functions
3.3 Insolvency Professional Agencies, Insolvency Professionals and Information

Utilities: Powers and Functions
3.4 Fast Track Corporate Insolvency Resolution Process
3.5 Resolution v. Liquidation

2016)
2018)
2019)

2021)
Judicial References
 Sanjay Kumar Ruia v. Catholic Syrian Bank Ltd. & Anr. Company Appeal No. 560 of
2018, NCLAT, New Delhi.
Module- IV: Liquidation Process [Teaching Hours:

20]
4.1 Liquidation Process: Powers and duties of Liquidator
11
4.2 Preferential, Avoidable and Undervalued Transactions: Transaction’s defrauding
creditors, extortionate credit transactions
4.3 Distribution of Assets: Waterfall Mechanism under section 53 of the Code
4.4 Voluntary Liquidation of Corporate Persons
4.5 Corporate Insolvency Resolution Process of Personal Guarantors: Insolvency and

Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to
Corporate Debtors) Regulations, 2019

2016)
2018)
2019)

2021)
Judicial References
 Pioneer Urban Land and Infrastructure Limited & Anr. Vs. Union of India &
Ors. 2019 4 SCC 17.
 Nikhil Mehta & Sons (HUF) & Ors. v. M/s AMR Infrastructures Ltd. (NCLT Delhi),
C.P NO. (ISB)-03(PB)/2017, decided on 23.01.2017.
 Indian Overseas Bank v. M/s RCM Infrastructure Ltd (26.03.2021) Company Appeal
(AT) (Insolvency) No. 736 of 2020
 Bikram Chatterji & ors. v. Union of India,
 Flat Buyers Association v. Umang Realtech Pvt. Ltd.
 Manish Kumar v. Union of India (2021)
 Union Bank of India v. Rajasthan Real Estate Regulatory Authority & Ors
12
 Mahendra Kumar Jajodia v. Stressed Assets Management Branch, Civil Appeal No.
1871-1872/2022, Supreme Court.
 Lalit Kumar Jain v. Union of India and others, (2021) 9 SCC 321.
 State Bank of India v. Ramakrishnan and another, (2018) 17 SCC 394.
 PNB Housing Finance Limited v. Mr. Mohit Arora and others, 2021 SCC Online
NCLT 488
 Macquarie Bank Ltd. v. Shilpi Cable Technologies Ltd [2017] 14 SC
 ICICI Bank v. SIDCO Leathers Ltd. & Ors, [2006] 67 SCL 383 (SC)
 Technology Development Board v. Anil Goel CA (AT) Insolvency No. 731 of 2020,
dated 5-4-2021]
 JM Financial Asset Reconstruction Company v. Financial Solutions Pvt. Ltd., [2020]
113 taxmann.com 627 (NCL-AT)
Articles
 Aditi Bhawsar, Avoidable transactions under IBC, [2021] 126 taxmann.com 16
(Article)
 Vividh Jain, Cross border insolvency and its implication in India, [2020] 121
taxmann.com 245 (Article)
 Chirag Gupta and Kumar Sumit, IBC: Impact of Covid-19 and way forward, [2020]
Compulsory Readings
1. Sumant Batra, “Corporate Insolvency: Law and Practice”, Eastern Book Company, 1st
Edition, 2017.
2. Raghav Pandey, “The Law of Corporate Insolvency: Resolution and Liquidation”,

Thomson Reuters, 1st Edition, 2021.
3. Akaant Kumar Mittal, “Insolvency and Bankruptcy Code: Law and Practice”, Eastern
Book Company, 2nd Edition, 2023.
4. P.K. Das, Judicial Developments on Insolvency and Bankruptcy Code, 2016, Maxwell
Law Publishing Company, New Delhi, 1st Edition, 2019.
Learning Outcomes
Module I
13
 Identify the gaps in the implementation of Recovery of Debts due to banks and
Financial Institutions Act, 1993 and SARFAESI Act, 2002.
 Understand the importance and need of insolvency code as a social, economic and
financial legislation.
 Enumerate the objectives of the Code as highlighted by the BLRC such as its role in
ease of doing business, creation of credit, speedy recovery of NPAs etc.
 Compare the provisions relating to winding up of companies by the corporate debtor
as earlier under Companies Act, 2013 and now under IBC
 Relate the applicability of the Code with other corporate laws like SARFAESI Act,
2002, RDDBFI Act, 1993 etc.
 Understand the present dynamics of the Code
Module II
 Understand the meaning of dispute, financial debt, operational debt

 Study the procedure for filing and initiating an application under the Code
 Differentiate between various kinds of creditors i.e., financial, operational and home
buyers
 Analyze the constitution, powers and duties of the COC
 Understand the role and duties of a resolution professional
 Examine the amendments introduced to the Code in 2017, 2018, 2019, 2020 and 2021
 Elaborate upon the guidelines relating to Pre-Pack Insolvency Resolution Process
Module III
 Identify the role and powers of the NCLT and NCLAT

 Examine the functions and powers of the IBBI
 Evaluate the functions and powers of Insolvency Professional Agencies, Information
Utilities and Insolvency Professionals
 Enumerate the steps involved in the fast-track corporate insolvency resolution process
Module IV
 Examine the change in the insolvency resolution from resolution to liquidation

 Analyze the steps involved in the liquidation process
 Understand the powers and duties of a liquidator
14
 Examine the kinds of fraudulent transactions such as preferential, avoidable and
undervalued transactions
 Understand and evaluate the waterfall mechanism laid down u/s 53
 Analyze the recent developments on the Insolvency Code
 Study the insolvency resolution of personal guarantors
Tentative Lecture Plan

Sr. Topic Number of
No. Lectures
Module I
1. Laws governing insolvency prior to the Insolvency and Bankruptcy 1

Code, 2016 i.e., RDDBFI Act, 1993 and SARFAESI Act, 2002.
2. Need for Insolvency and Bankruptcy Code, 2016: Social, 1

economic, and financial perspectives of insolvency law
3. Report of the Bankruptcy Law reforms Committee (BLRC), 2

November, 2015: Exploring the rationale and objectives
4. Companies Act, 2013: Drawing the interface with IBC, 2016 1
5. Important definitions under the Code such as dispute, financial 2

debt, operational debt
Total Lectures 12
Module II
6. Initiation and filing an application for resolution by financial 3

creditor, operational creditor and corporate debtor.
7. Types of creditors under the Code i.e., financial, operational, home 3

buyers
8. Committee of Creditors (COC): Powers, Duties and Process 5
9. Resolution Professionals: Role, Duties and Ethics 4
10. Information Memorandum and Resolution Plan 3
15
11. Pre-Pack Insolvency Resolution Process 2
Total Lectures 25
Module III
12. Adjudicating Authorities: Role and Powers 2
13. Insolvency and Bankruptcy Board of India: Powers and Functions 2
14. Insolvency Professional Agencies, Insolvency Professionals and 1

Information Utilities: Powers and Functions
15. Fast Track Corporate Insolvency Resolution Process 1
16. Resolution v. Liquidation 1
Total Lectures 7
17. Liquidation process, Powers and duties of Liquidator 3
18. Preferential, Avoidable and Undervalued Transactions, transactions 4

defrauding creditors, extortionate credit transactions
19. Distribution of assets: Waterfall Mechanism under section 53 of 1

the Code
20. Voluntary Liquidation of Corporate Persons 2
21. Corporate Insolvency Resolution Process of Personal Guarantors 4
Total Lectures 20
List of Assignment/Projects
S. No. Topic
1. Challenges for Committee of Creditors during CIRP
2. Resolution Plan under IBC, 2016: Understanding the dynamics
3. Role of a resolution professional: duties and ethics
16
4. Moratorium under IBC, 2016: Interplay and effectiveness in comparison to
other laws
5. Treatment of operational creditors in the CIRP
6. Impact of introduction of section 29A to the Code
7. Ranking and equality of creditors under the Code
8. Impact of covid-19 on the IBC
9. Cross border insolvency and its implications
10. Dynamics of Pre-pack insolvency resolution process
11. Fraudulent transactions by debtors under the IBC
12. Is IBC a tool to recover non-performing assets for banks?
13. Analysis of personal guarantor’s insolvency resolution process
14. Examining the liquidation process under the Code
15. Role of NCLT in the CIRP
16. Over-riding effect of the IBC
17. Director’s duty in the CIRP
18. Interplay of IBC with Limitation Act, 1963
19. Can IBC over-ride RERA, 2016?
20. Rights of homebuyers under the IBC
21. Case comment on Swiss ribbons Pvt. Ltd. and other v. Union of India
22. Case comment on Arcelor Mittal India Pvt. Ltd. v. Satish Kumar Gupta and
others
23. Economics of bankruptcy law
24. Company law vis-à-vis the Code
25. Frontiers of corporate governance under the IBC
26. Insolvency process of real estate projects
27. Valuation of assets under the IBC: guidelines and rules
28. Cost benefit analysis of insolvency regulations
17
29. Social welfare aspect of insolvency laws
30. Economic aspects of personal insolvency
31. Group insolvency: Lessons from the world
32. Regulatory framework governing insolvency in India
33. Offences and penalties under the IBC, 2016
34. Recognition of employee’s rights under the IBC
35. Behavioural impact of the IBC
36. Changes in the fast-track resolution process
37. Analysis of withdrawal of application under the Code
38. Voluntary liquidation of corporate persons
39. Effect of section 32A in the Code
40. From creditor in control to debtor in possession
41. Insolvency framework for non-banking financial institutions
42. Ease of doing business vis-à-vis the IBC
43. An empirical analysis of the IBC, 2016
44. Liability of guarantors during the CIRP
45. Issues in the decision of the COC
46. Nexus between Mergers and Acquisitions and IBC
47. Settlement agreements under IBC: way out?
48. Foreign investment instruments and IBC, 2016
49. Insolvency in the aviation industry
50. Examining haircuts under the CIRP
 All students shall carry Bare Act during lecture hours.
18
 Some Important judgments are listed hereinbefore, students are advised to download
these judgements and are further advised to prepare their short notes so as to enable
meaningful discussion in class.
 The above teaching schedule is tentative and is subject to change as per the need and
 The list of judgments recommended is only illustrative and new judgements may be
added to it during class-room discussion.
Dr. Neha Kapur Chawla,

Assistant Professor of Law
RGNUL, Punjab
nehakapurchawla@rgnul.ac.in
19
1|Page

LAW, PUNJAB

of
Special Laws II
for
B.A. LL.B. (Hons.)
Semester VIII
Session 2022-2023
Prepared By :
Mr. Anubhav Kumar
Asst. Professor (Law)
2|Page
Table of Contents
1. Preface 3
2. Objectives of the Course 3
3. Course Outcomes 3-4
4. Syllabi 4-5
5. Teaching Schedule 5-6
6. Reference Material 6-7
8. List of Assignments/Projects 7
3|Page
1.0 Preface/Outline of the Subject

This course deals with certain prominent legislations in the field of Criminal Law which are
of utmost relevance in the current times. It is important for a student of Criminal Law to
study, understand and critically evaluate these statutes. The legislations are Protection of
Children from Sexual Offences Act, 2012, The Sexual Harassment of Women at Workplace
(Prevention, Prohibition And Redressal) Act, 2013 also known as POSH Act, The Criminal
Procedure (Identification) Act, 2022, Prevention of Corruption Act, 1988 and The Arms Act,
1959.
2.0 Objectives of the Course

The primary objectives of this course are:-
 To familiarise the students with the key concepts regarding the important Criminal
Minor legislations in India.
 To expose the students to the range of offences and punishments declared under the
legislations like POCSO, PC Act and Arms Act, 1959.
 To familiarise the students with the provisions of the POSH Act
 To keep students abreast of the latest legislative and judicial developments and
changes in the field of these legislations on criminal law.
3.0 Course Outcomes

 The students should be able to identify the offences and penalties under the POCSO
Act as well as the critical issues under POCSO Act.
 Understand the importance of the POSH Act and the academic debate around this
legislation.
 Students will be aware of the important provisions of the PC Act and appreciate the
nuances of it.
 Students will also appreciate the relevant provisions of the Arms Act, 1959
4.0 Syllabus
Module I
Protection of Children from Sexual Offences Act, 2012
 Object and Purpose of the Act, Definitions

4|Page
 Sexual offences against Children and punishments therefor: Penetrative Sexual

Assault, Sexual Assault, Sexual Harassment, Aggravated Sexual Assault
 Using child for Pornographic purposes
 Special Courts; its powers and procedure
 Judicial trends and contemporary debates on POCSO Act
Module II
The Sexual Harassment of Women at Workplace (Prevention, Prohibition And
Redressal) Act, 2013 and The Criminal Procedure (Identification) Act, 2022
 Object and purpose of the Act; Vishakha guidelines

 Definitions; Prevention of Sexual Harassment
 Internal Complaints Committee and enquiry of the Complaint
 Taking of measurements under The Criminal Procedure (Identification) Act, 2022
 Collection, storing, preservation of measurements and storing, sharing, dissemination,
destruction and disposal of records
Module III
Prevention of Corruption Act, 1988
 Object and Purpose of the Act

 Definitions under PC Act; Procedure and powers of special judge
 Offences and penalties under the PC Act 1988: Bribing a public Servant, Public
Servant obtaining undue advantage
 Sanction for Prosecution
 Recent amendments under the PC Act, 1988
Module IV
The Arms Act, 1959 and The Juvenile Justice Act, 2015
 History; Object and Purpose; Definitions under the Arms Act in India
5|Page
 Acquisition, possession, manufacture, sale, import, export and transport of arms

and ammunition: Sections 3-12
 Offences and Penalties under the Arms Act Sections 25-33
 Juvenile Justice Act, 2015: General Principles Sections 2-9
 Procedure in relation to children in conflict with law sections 10-26
5.0 Tentative Lecture Plan

Lectures
Module I
Protection of Children from Sexual Offences Act, 2012
1. Object and Purpose of the Act, Definitions 3
2. Sexual offences against Children and 2

punishments therefor
3. Using child for Pornographic purposes 2
4. Special Courts; its powers and procedure 2
5. Judicial trends and contemporary debates on 3

POCSO Act
Total Lectures 12
Module II
The Sexual Harassment of Women at Workplace (Prevention, Prohibition And

Redressal) Act, 2013 and The Criminal Procedure (Identification) Act, 2022
6. Object and purpose of the Act; Vishakha 2

guidelines
7. Definitions; Prevention of Sexual Harassment 2
8. Internal Complaints Committee 3
9. Taking of measurements under The Criminal 3

6|Page
Procedure (Identification) Act, 2022
10. Collection, storing, preservation of measurements 2

and storing, sharing, dissemination,
Total lectures 12
Module III
Prevention of Corruption Act,

1988
11. Object and Purpose of the Act 2
12. Definition; Procedure and powers of special judge 2
13. Offences and penalties under the PC Act 1988 3
14. Sanction for Prosecution 2
15. Recent amendments under the PC Act, 1988 3
Total Lectures 12
Module IV
The Arms Act, 1959 and Juvenile

Justice Act, 2015
16. History; Object and Purpose; Definitions under 2

the Arms Act in India
17. Acquisition, possession, manufacture, sale, 2

import, export and transport of arms and
ammunition: Sections 3-12
18. Offences and Penalties under the Arms Act 3

Sections 25-33
19. Juvenile Justice Act, 2015: General Principles 2

Sections 2-9
20. Procedure in relation to children in conflict with 3

law sections 10-26
Total Lectures 12
7|Page
6.0 Reference Material
Suggested Readings
1. Anchan, V., Janardhana, N. and Kommu, J.V.S., 2021. POCSO Act, 2012:
Consensual Sex as a Matter of Tug of War Between Developmental Need and Legal
Obligation for the Adolescents in India. Indian Journal of Psychological
Medicine, 43(2), pp.158-162.
2. Justice M. L Singhal Protection of Children from Sexual Offences Act, 2012, Vinod
Publications
3. Universal's Commentary On The Protection Of Children From Sexual Offences Act,
2012 And Rules [POCSO] By Justice P S Narayana
4. A complete guide to POCSO, Dr. Pratap S. Malik, Universal Law Publishing
5. Law Relating to Sexual harassment at Work, Alok Bhashin, Eastern Book Company
6. Commentary on Prevention of Corruption Act, Malik, Delhi Law House
CASE LAWS
1. Attorney General for India v. Satish and another (2021)

2. Jarnail Singh v. State of Haryana (2013)
3. Alakh Alok Srivastava v. Union of India and Others (2018)
4. Hari Dev Acharya @ Pranavanand and Ors v. State (2021)
5. State of Karnataka v. Shivanna (2014)
6. Gaya Prasad Pal @ Mukesh v. State (2016)
7. Balaji Sarjerao Kamble v. State of Maharashtra (2017)
8. Nipun Saxena v. Union of India (2019)
9. Independent Thought v. UOI (2018)
7.0 Teaching Pedagogy
Classroom Teaching( Lecturing/Discussions)
Class Presentations
Case Analysis Method
8.0 List of Assignment/Project Topics
To be attached later
9.0 Instructions to Students

 All students shall carry bare act if required
these judgements and are further advised to prepare their shortnotes so as to enable
meaningful discussion in class
requirements of the session
8|Page
added to it during class-room discussion
Course Teacher/Teachers
LAW, PUNJAB

Of
Criminology and Penology
for
B.A. LL.B. (Hons.)
VIII Semester
Session 2022-2023
Compiled By :
Dr. Ivneet Walia
1
Table of Contents
1. Preface 3
3. Course Outcomes 5
4. Syllabi 6
5. Teaching Schedule 7
6. Reference Material 8
2
1. PREFACE
The concept of crime is not new it is rather quite old. We can say crime existed right from the start of
mankind. The old societies were having certain traditions and rules which were followed by the
communities. ‘A tooth for tooth and an eye for an eye’, the theory of retribution/retaliation/vengeance
etc. was present in some of the primitive societies. Miller says that a crime is the commission or
omission of an act which the law forbids or commands under the pain of punishment by the State by
the proceedings under its own name. Law, according to Austin is the command of the sovereign. So a
wrong which is pursued by the sovereign or his subordinates is a crime. Kenny says that crimes are
wrongs whose sanction is punitive and in no way remissible by a private person; but is remissible by
crown alone, if remissible at all.
In the traditional societies, private vengeance rule was there in which the burden of protection against
crimes and of punishing the offenders rested with the individuals against whom the offence had been
committed. It was only after the societies got organized that crime was taken as an act against the
society as a whole and against the State as particular. Now, it is the society and State which is
considered to be the proper authority to bring the culprit to book.
In medieval period human thinking was dominated by religious mysticism and human relations were
controlled and regulated through myths, superstitions and religious beliefs. Little attention was given
to motive, environment, psychology of the offender in the causation of crimes and relatively less
concern was shown towards the victims of crime and abuse of power. This situation prevailed till the
end of seventeenth century. Thereafter, with the change of human thinking, the concept of crime was
altogether changed as more reference was started to be given to the real crime causations and
providing proper attention towards the victims of crime and abuse of power3. Thus finally it paved the
way for a new branch of knowledge that today is known as victimology.
It all started with the development in the field of criminology which ultimately leads towards the
attention of the society towards victim oriented studies. The father of modern criminology, Cesare
Bonesana Marchese De Beccaria, an Italian criminologist, started studying the systematic and
scientific study of criminology for the very first time. He started the scientific study of criminals. He
gave concrete results of his scientific investigation.
In Europe, the seventeenth and eighteenth century was dominated by religion and church was having
the maximum powers. In political sphere, thinkers such as Hobbes and Locke were concentrating on
social contract as the basis of social evolution. Scientific knowledge was at rudimentary stage. The
concept of crime was not understood in a scientific manner, it was rather vague and obscure. There
was a general belief that man’s actions were controlled by some super natural power as man himself
was not able to do the concerned act termed as an offence. It was generally believed that man commits
crime due to influence of some external spirit called ‘demon’ or ‘devil’. Thus an offender commits
crime due to influence of that external factor which was called as super power. No attempt was made
to probe into the real cause and the factors of crime causations. The Pre-classical thinkers considered
crime and criminals as an evidence of the fact that the individual was possessed of some evil. These
thinkers considered that the super spirit is present everywhere and they considered the omnipotence of
spirit. Trial by battle was common mode of deciding the fate of criminal. The right of the society to
punish the criminal was, however, well recognized4. The offender was regarded as a person who
could only be cured by torture and pain and suffering as ultimately the concerned soul is benefited
thereby.
In India, since the time of Manu it has been repeatedly argued that trials by ordeals are the creation of
Brahma and have been practiced by gods, great sages and all thoughtful persons. Medhatiti further
pointed out that ordeals have worked very efficiently. In India judgment by Divine Ordeal was given
in Yajnavalkya Smiriti i.e by fire, water, poison, balance and Kosa.
3
During the middle of eighteenth century Cessare Beccaria gave his theory of criminality by rejecting
the hypothesis that the evil spirit is present everywhere in the universe. His study proved that the mind
of an individual plays an important role in the commission of a crime and attributed the concept of
free will of an individual in the commission of a crime. He further emphasized the Pain and Pleasure
Theory. According to him a man has power of reasoning, with this power he is distinguished from
other creatures of nature. Only the act is to be seen and not the intention of the offender. It is the
physical act of an individual and not his criminal mind which resulted into the commission of crime or
a wrong. The offender takes pleasure by giving pain to other persons. So pain is also to be inflicted on
him. So, indirectly victim concern studies initiated thereby. Prevention of crime is better than
punishing a person as it served no purpose.
The theory developed by Beccaria was due to the writing of the people like Rousseau, Montesque,
Bacon and Hume. His work, Essays on Crimes and Punishment received worldwide recognition. He
raised his voice against severe penalties as torture or abuse of power and death penalty. The major
shortcoming of the theory is that it was based on the hypothesis of free will. He relied only on the
physical act/wrong committed by a person without putting any attention to the guilty mind of the said
person. Further Beccaria supported the concept of equal punishment for same offence thus making no
distinction between first offenders and the recidivists or habitual offenders who deserved more
punishment for the repetitive crime. Due to the major short comings in free will theory, it did not
survive and soon it was felt that treating first offenders and the recidivists alike, a big mistake was
committed. Certain wrongdoers in the society such as minors, idiots, insane or incompetent had to be
treated leniently irrespective of the similarity of their criminal act because these people were
incapable of appreciating the difference between right and wrong.
With the development of behavioural sciences, the monogenetic explanation of human conduct lost its
validity and a new trend to study the genesis of crime was adopted. By the nineteenth century, certain
French doctors were successful in establishing that it was neither free will of the offender nor his
innate depravity which actuated him to commit crime but the real cause of criminality lay in the
anthropological features of the criminal7. The main exponents of this school were three eminent
Italian criminological jurists, namely, Cesare Lombroso, Raffaele Garofalo and Enrico Ferri.
Lombroso was the first criminologist who made an attempt to understand the personality of offender
in physical terms. He employed scientific methods in explaining criminal behaviour and shifted the
emphasis from crime to the criminal. His theory was that the criminals were physically different from
normal people and possessed few physical characteristics of inferior animal world. Goring, Gabriel
Tarde etc. had criticized him because it is sought of foolish thing to convict a person only on the basis
of his appearance. This theory vanished with the passage of time. The assumption that there is some
nexus between atavism and criminal behaviour had no scientific basis. Criticising Lombrosian theory,
Professor Sutherland observed that by shifting attention from crime as a social phenomenon to work
which was in progress at the time of its origin and in addition, made no lasting contribution of its own.
Enrico Ferri (1856-1928) believed that factors such as emotional reactions, social infirmity or
geographical conditions also play a vital role in determining criminal tendencies in men. His main
contribution is his work, The Law of Criminal Saturation. This theory presupposes that the crime is
the synthetic product of three main factors: geographical, anthropological, psychological or social.
Ferri proved that mere biological reasons were not enough to account for criminality. He firmly
believed that other factors such as emotional reaction, social infirmity or geographical conditions also
play a vital role in determining criminal tendencies in man. He emphasized that criminal behaviour is
the outcome of various factors having their combined effect on the individual. According to him the
social change which is inevitable in a dynamic society, results in disharmony and conflict. As a result
of this social disorganization takes place. In a wake of such rapid social changes, the incidents of
crime are bound to increase. The heterogeneity of social conditions destroys the congenial social
relationship, creating a social vacuum which proves to be fertile ground for criminality.
4
More recently, with the development of human psychology there is greater emphasis on the study of
emotional aspect of human nature. This branch of knowledge has enabled modern criminologists to
understand the criminal behaviour of offenders in its proper perspective. Professor Gillin, has
therefore, rightly remarked that the theory of modern clinical school on the side of crimogenesis
presupposes offender as a product of his biological inheritance conditioned in his development by
experiences of life to which he has been exposed from infancy upto the time of commission of crime.
Thus, clinical school takes into account variety of factors. It further suggests that the criminals who do
not respond favourably to correctional measures must be punished with imprisonment or
transportation for life while those who are only victims of social conditions should be subjected to
correctional methods such as probation, parole, reformatories, open-air-camps etc. Thus briefly
speaking, individualization has become the cardinal principle of criminology. The main theme of
clinical school is that personality of man is a combination of internal and external factors, therefore,
punishment should depend on the personality of the accused.
As civilization advanced, new ideas regarding individual rights and duties towards fellow human
beings developed and crime was considered as crime against society and the State. The sociological
aspect about the evolution of society is that first of all individual came into being then families
thereafter clans, after that society and then the State (earlier it was police State but now the concept of
welfare State is there). One of the basic criticism against the present system is that it has failed to
protect the society against rising incidents of crime.
Victimology is the latest branch of criminology which deals with the study of victims who suffer at
the hands of wrongdoer. Criminology is the study of crime and criminals. It aims at discovering the
causes of criminality and effective measures to fight against crimes. Penology is associated with
criminal justice policies pertaining to punishments, modes of punishments, forms of punishments etc.
Victimology, according to some thinkers is a branch of criminology which is concerned with victims
of crime. Though there is an interrelation between criminology, penology and victimology, yet there
is need to give specific attention to study victimology.
As such, issues in victimology, are central to the victim and is required to be studied in the wider
conspection of criminal justice system along with criminology and penology. The adjective law of
evidence and procedural law required to respect rights and assure meaningful remedies to the victims
in a dignified manner.
2. OBJECTIVES
The course will equip students with

 Criminological theories explaining causation of crime
 An understanding of the historical development of penal and correctional regimes as
 constitutive of modernity
 An understanding of international perspectives on corrections and prison legislation in
 India and other parts of the world
 An understanding of how states perceive security in contemporary times.
 To build knowledge on institutional and community-based measure in reformation,
 rehabilitation, and reintegration of offenders.
3. COURSE OUTCOMES
On the successful completion of the course students would be able to develop:

 A critical understanding of the relationship between penal and correctional
regimes
 An understanding of key concepts like penology, probation, admonition, parole,
 furlough, and community service
5
 Apply theoretical knowledge of correctional models for reformation and
 rehabilitation of criminals.
4. SYLLABUS
PAPER – IV SEMESTER - VIII
CRIMINOLOGY AND PENOLOGY
MARKS: 80 CREDIT: 05
MODULE 1
MEANING NATURE AND EXTENT OF CRIME CONCEPT
NATURE AND SCOPE OF CRIMINOLOGY
INTER-RELATION BETWEEN CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY
CLASSIFICATION OF CRIMES
DISSEMINATING THE FACETS OF MEDIA
MODULE II
THEORIES OF CRIME
THE CONSTITUTIONAL SCHOOL OF CRIMINOLOGY: Lomborso
MODERN SOCIOLOGICAL THEORIES: SUTHERLAND'S DIFFERENTIAL ASSOCIATION AND
RECKLESS's SOCIAL VULNERABLE THEORY
ECONOMIC THEORIES AND THEIR RELEVANCE
MULTIPLE CAUSATION APPROACH TO CRIME
MODULE III
PENOLOGY
MODES OF PUNISHMENT
SENTENCING POLICY CONCERNING CAPITAL PUNISHMENT, LIFE IMPRISONMENT AND OTHER
PUNISHMENTS
PRISON SYSTEM
CLASSES OF PRISONS, CLASSES OF PRISONERS AND PRISON REFORMS
MODULE IV
REFORMATIVE TECHNIQUES FOR CORRECTION OF OFFENDERS
ROLE OF PSYCHIATRISTS, PSYCHOANALYSTS AND SOCIAL WORKERS, VOCATIONAL AND
EDUCATIONAL PROGRAMMES FOR OFFENDERS
RE-SOCIALIZATION PROCESSES
COMMUNITY PARTICIPATION
USE OF PROBATION, PAROLE
6
5. TEACHING SCHEDULE
Lectures
Module 1
1. MEANING NATURE AND EXTENT OF CRIME 2
CONCEPT
2. NATURE AND SCOPE OF CRIMINOLOGY 2
3. INTER-RELATION BETWEEN CRIMINOLOGY, 1
PENOLOGY AND VICTIMOLOGY
4. CLASSIFICATION OF CRIMES 2
5. DISSEMINATING THE FACETS OF MEDIA 1
Total Lectures 8
Module II
6. THEORIES OF CRIME 2
7. THE CONSTITUTIONAL SCHOOL OF 2
CRIMINOLOGY: Lomborso
8. MODERN SOCIOLOGICAL THEORIES: 2
SUTHERLAND'S DIFFERENTIAL ASSOCIATION AND
RECKLESS's SOCIAL VULNERABLE THEORY
9. ECONOMIC THEORIES AND THEIR RELEVANCE 3
10. MULTIPLE CAUSATION APPROACH TO CRIME 1
Total Lectures 10
Module III
11. PENOLOGY 1
12. MODES OF PUNISHMENT 3
13. SENTENCING POLICY CONCERNING CAPITAL 2
PUNISHMENT, LIFE IMPRISONMENT AND OTHER
PUNISHMENTS
14. PRISON SYSTEM 2
15. CLASSES OF PRISONS, CLASSES OF PRISONERS 2
AND PRISON REFORMS
Total Lectures 10
Module IV
16. REFORMATIVE TECHNIQUES FOR CORRECTION OF 2
OFFENDERS
17. ROLE OF PSYCHIATRISTS, PSYCHOANALYSTS AND 1
SOCIAL WORKERS, VOCATIONAL AND
EDUCATIONAL PROGRAMMES FOR OFFENDERS
18. RE-SOCIALIZATION PROCESSES 2
19. COMMUNITY PARTICIPATION 1
20. USE OF PROBATION, PAROLE 2
Total Lectures 8
Total 36
7
6. Reference Material
Andrew Ashworth, Principles of Criminal Law, Oxford University, New-York, 2006.
A. Chakravarty, Commentary on the Code of Criminal Procedure, 1973, Dwivedi Law Agency,
Allahabad, 2010.
Anjana Singh, Crime and Criminology, ABD publishers, Jaipur, 2011.
Anil Trehan, Penology and Victimology: A Perusal, Shree Ram Law House, Chandigarh, 2011.
A.K. Tripathi, Law of Pleading and Practice (Civil & Criminal): Along With Model Forms, Singh &
Company, Allahabad, 2006.
B.N. Banerjee, Law of Criminal Appeals, Revisions, Reference and Review: With Model Forms,
Butterworths Lexis-Nexis, New Delhi, 2003.
B. Malik, Law Relating to Criminal Trials, Law Publishers, Allahabad, 2006.
Curt R Bartol, Criminal Behaviour: A Psychosocial Approach, Pearson Education, New Jersey, 2008.
C.M.V. Clarkson, Understanding Criminal Law, Sweet And Max Well, London, 2005.
Chris Crowther, Introduction to Criminology and Criminal Justice, Pargrave, New York, 2007.
Clive Hollin, Criminal Behaviour: A Psychological Approach to Explanation and Prevention,

Psychology Press, Hove, 2005.
C.K.T. Takwani, Takwani Criminal Procedure: Lexisnexis Butterworths, Nagpur, 2011.
David E Duffee, Criminal Justice Theory: Explaining the Nature and Behaviour of Criminal Justice,
Routledge, New York, 2007.
David W Jones, Understanding Criminal Behaviour: Psychosocial Approaches to Criminality, Willan

Publishing, Portland, 2009.
Darshna Tyagi, Criminal Anthropology: Encyclopedia of Anthropology Series, Anmol Publications,

New Delhi, 2006.
Dean J Champion, Research Methods for Criminal Justice and Criminology, Prentice Hall, New
Jersey, 1993.
Dalbir Bharti, Constitution and Criminal Justice Administration, APH Publishers, Delhi, 2002.
Elaine Cassel, Criminal Behavior, Lawrence Associates, London, 2007.
Eugene Mclaughlin and John Muncie (eds.), Criminological perspectives: Essential Readings,
London: SAGE, 2013.
Francis Pakes, Criminal Psychology, Willan Publishing, Portland, 2009.
8
G.S. Bajpai, Victim Justice: A Paradigm Shift in Criminal Justice System in India, New Delhi:
Thomson Reuters, 2016.
Gunjan Agrahari, Criminal Trial and Investigation, Vibhav Law Publications, Allahabad, 2009.
Gerben Bruinsma, Punishment, Places and Perpetrators: Developments in Criminology and Criminal
Justice Research, William Publications, London, 2004.
Ian Marsh, Criminal Justice: An Introduction to Philosophies, Theories and Practice, Rout
Ledge,London, 2007.
Jonathan Doak, Victims Rights, Human Rights and Criminal Justice: Reconceiving the Role of Third
Parties, Hart Publications, USA, 2008.
Jack Fitzgerald, Statistics for Criminal Justice and Criminology in Practice and Research: An
Introduction, Los Angeles, SAGE, 2014.
K.N. Chandrasekharan Pillai, Lectures on Criminal Procedure, Lucknow: Eastern book company,
2011.
K.D. Gaur, Criminal Law: Cases and Materials, lexisnexis, Gurgaon, 2015.
K.D. Gaur, Criminal Law and Criminology, Deep & Deep Publications, New Delhi, 2002.
K.D. Gaur, Criminal Law Criminology and Administration of Criminal Justice, Universal Law
Publishers, New Delhi, 2015.
K.D. Gaur, Textbook on Indian Penal Code, Universal Law Publishers, New Delhi, 2013.
K.D. Gaur, Textbook on the Code of Criminal Procedure, Universal an imprint of LexisNexis,
Guragon, 2016.
Katherine S. Williams, Textbook on Criminology, Oxford University Press, New York, 2008.
K.V. Rao Ramana, Pleadings and Practice (Civil & Criminal): Model Forms, Instructions and Case
Law, ALD Publications, Hyderabad, 2007.
Leah E Daigle, Victimology, SAGE Publishers, London, 2013.
Matt Delisi, Criminological Theory: A Life-Course Approach, Jones and Bartlett Publishers, Boston,
2011.
Michael Doherty, Textbook Criminology, Old Bailey Press, London, 2001
7. Teaching Pedagogy
The classroom learning will be a blend of lecture delivery and discussion method. Audio/visual
clippings may be used depending on the subject requirement. The learning will be substantiated by
assignments such as writing response papers on articles circulated, multiple questions open quiz and
preparation of case comments or briefs of judgment. Reference readings will be circulated more
frequently and one class will be reserved for project preparation discussion and also feedback to check
9
if any revision class is required. Only relevant study material or PPT for facilitating learning will be
circulated.
8. List of Assignment/Project Topics
The list will be provided after the allotment of projects is done by project committee
9. Instructions to Students
 The Articles circulated prior to classes must be read beforehand and used during class-room
discussion
10
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB
(ESTABLISHED BY PUNJAB ACT NO. 12 OF 2006)
BHADSON ROAD, SIDHUWAL, PUNJAB
(ACCREDITED ‘A’ GRADE BY NAAC)
TEACHING SCHEDULE
OF
SERVICE LAWS
FOR
B.A. LL.B. (HONS.)
VIII SEMESTER
SESSION 2022-2023
COMPILED BY :
DR. RENUKA SONI

TABLE OF CONTENTS
SR. NO. CONTENTS PAGE

NO.
1. Introduction
2. Syllabus
3. Tentative Teaching Schedule
4. Recommended Readings
5. List of Assignments
6. Important Points : Instructions to Students
1. INRODUCTION
India probably leads the world jurisprudence in the field of civil service law. Probably
nowhere else there is so much litigation by public servants against their masters as in
India. Both in intensity of conflicting interests and in sheer bulk, civil services
litigation must account substantially for the overload on the appellate Indian judicial
system. The judicial, quasi judicial and administrative tribunals have been flooded
with litigations by government employees against the Government for enforcement of
their rights which have accrued to them on account of formulation of a government
policy or on account of interpretation by a court of law, especially the Hon’ble
Supreme Court of India.
Service Law and Service jurisprudence have evolved over the years into a
specialized branch of legal studies. The present paper on Service Law deals with all
the aspects related to service jurisprudence in India.
2. SYLLABUS
MODULE I
1. CONSTITUTIONAL RIGHT OF EQUALITY (ARTICLE 14 TO 16) IN
RELATION TO SERVICE MATTERS
2. COMPASSIONATE APPOINTMENT, PRINCIPLES OF EQUAL PAY
FOR EQUAL WORK
3. ADMINISTRATIVE TRIBUNALS : ARTICLE 323-A OF THE
CONSTITUTION
4. CONSTITUTION, POWERS, JURISDICTION AND PROCEDURE
UNDER THE ADMINISTRATIVE TRIBUNALS ACT, 1985
5. ROLE OF CIVIL SERVANTS IN GOVERNMENT
MODULE II
6. SERVICES UNDER THE UNION AND THE STATES (ARTICLES 309-
311)
7. VARIOUS CATEGORIES OF EMPLOYEES
8. ROLE OF PUBLIC SERVICE COMMISSION IN PUBLIC
EMPLOYMENT
9. COMPULSORY RETIREMENT, PROBATION
10. STATUS AND RIGHTS OF ADHOC EMPLOYEES AND DAILY
WAGERS AND THEIR REGULARIZATION
MODULE III
11. SUSPENSION AND SUBSISTENCE ALLOWANCE (WITH SPECIAL
REFERENCE TO CCS (CCA) RULES
12. PRINCIPLES OF DETERMINATION OF SENIORITY : SENIORITY
BASED ON THE DATE OF CONFIRMATION AND QUOTA ROTA
RULE
13. ANNUAL CONFIDENTIAL REPORT (ACR)
14. DEPUTATION
15. PROTECTIONS UNDER DIFFERENT STATUTES
MODULE IV
16. MAJOR PENALTIES
17. MINOR PENALTIES
18. CONDUCT AND PROCEDURE OF DISCIPLINARY DEPARTMENTAL
ENQUIRIES (INCLUDING CHARGE SHEET, INSPECTION AND
SUPPLY OF COPIES OF DOCUMENTS, PRODUCTION OF EVIDENCE
19. ENQUIRY REPORT, OPPORTUNITY OF HEARING ON FINDING AND
ACTION ENQUIRY REPORTS
20. THE COMPETENT AUTHORITIES TO IMPOSE PUNISHMENTS
(WITH SPECIAL REFERENCE TO CCS (CCA) RULES
3. TENTATIVE LECTURE/TEACHING SCHEDULE

The Module wise breakup of the Total number of lectures required to
complete the syllabus is as under:
SR. TOPIC NUMBER

NO. OF
LECTURES
MODULE I
1. CONSTITUTIONAL RIGHT OF EQUALITY 2
(ARTICLE 14 TO 16) IN RELATION TO SERVICE
MATTERS
2. COMPASSIONATE APPOINTMENT, PRINCIPLES OF 2
EQUAL PAY FOR EQUAL WORK
3. ADMINISTRATIVE TRIBUNALS : ARTICLE 323-A 2
OF THE CONSTITUTION
4. CONSTITUTION, POWERS, JURISDICTION AND 2
PROCEDURE UNDER THE ADMINISTRATIVE
TRIBUNALS ACT, 1985
5. ROLE OF CIVIL SERVANTS IN GOVERNMENT 2
Total Lectures 10
MODULE II
6. SERVICES UNDER THE UNION AND THE STATES 2
(ARTICLES 309-311)
7. VARIOUS CATEGORIES OF EMPLOYEES 1
8. ROLE OF PUBLIC SERVICE COMMISSION IN 1
PUBLIC EMPLOYMENT
9. COMPULSORY RETIREMENT, PROBATION 2
10. STATUS AND RIGHTS OF ADHOC EMPLOYEES 2
AND DAILY WAGERS AND THEIR
REGULARIZATION
Total Lectures 8
MODULE III
11. SUSPENSION AND SUBSISTENCE ALLOWANCE 2
(WITH SPECIAL REFERENCE TO CCS (CCA) RULES
12. PRINCIPLES OF DETERMINATION OF SENIORITY : 2
Seniority Based on the date of confirmation and quota rota
rule
13. ANNUAL CONFIDENTIAL REPORT (ACR) 2
14. DEPUTATION 1
15. PROTECTIONS UNDER DIFFERENT STATUTES 2
Total Lectures 9
MODULE IV
16. MAJOR PENALTIES 2
17. MINOR PENALTIES 1
18. CONDUCT AND PROCEDURE OF DISCIPLINARY 2
DEPARTMENTAL ENQUIRIES (INCLUDING
CHARGE SHEET, INSPECTION AND SUPPLY OF
COPIES OF DOCUMENTS, PRODUCTION OF
EVIDENCE
19. ENQUIRY REPORT, OPPORTUNITY OF HEARING 2
ON FINDING AND ACTION ENQUIRY REPORTS
20. THE COMPETENT AUTHORITIES TO IMPOSE 1
PUNISHMENTS (WITH SPECIAL REFERENCE TO
CCS (CCA) RULES
Total Lectures 8
TOTAL LECTURES PROPOSED TO BE DELIVERED 35
4. ADDITIONAL RECOMMENDED READINGS
1. A.S. Bhatnagar, Guide to Departmental Problems Enquiries, Punishment and

Appeal
2. A.S. Ramchandaran, Law Relating to Departmental Enquiries
3. G.V. Singh, Law Supervision, Penalties and Departmental Enquiries

4. Jagjit Singh Chawla, Service Law Digest: An Encyclopaedia of Service Cases,
Service Law Report
5. M.R. Mallick, Service Law in India, Eastern Law House
6. Muthu Swami, Departmental Proceedings
7. Mohammed Ali Rafath, Bureaucracy and Politics: Growth of Service

Jurisprudence in All India Services Rawat Publications
8. Narinder Kumar, Law Relating To Government Servants and Management of
Discipline Proceedings, Alahabad Law Agency
9. P.K. Majumdar, Service Laws in India : Orient Publications
10. R. Rangarajan, Service Law- A Case Law Overview, Asian Law House
LIST OF CASES
1. Right to Equality in relation to service Matters: Delhi Transport Cooperation v

DTC Mazdoor Congress, Air 1991, SC 101.
2. Article 15 of Indian Constitution and Service Laws: Air India v Nargesh
Mirza, AIR 1981 SC 1892.
3. Equality of Opportunity in Service Matters: General Manager, Southern
Railways v Rangacharia, AIR 1962 SC 36.
4. Compassionate Appointment: Food Cooperation of India v RK Yadav, AIR
2007 SC 267.
5. Equal Pay for Equal Work: Randhir Singh v UOI, AIR 1982, SC 579
6. Jurisdiction of Central Administrative Tribunal: BC Chauturvedi v UOI, AIR
1996 SC 484.
7. Central Administrative Tribunal and its Procedure: L Chandra Kumar v UOI,
AIR 1997 SC 1125.
8. Doctrine of Pleasure- Article 309-310: State of Bihar v Abdul, AIR 1954 SC
245.
9. Doctrine of Pleasure- Article 311: UOI v Tulsiram Patel, AIR 1985 SC 1416.
10. Compulsory Retirement: UOI v JN Sinha 1971 SC 40
11. Probation: Registrar, High Court Gujarat v CG Sharma, AIR 2005 SC 344.
12. Temporary Employees: Madan Gopal v State of Punjab, AIR 1963 SC 531.
13. Officiating Persons: Madhav Laxman v State of Mysore, 1963 SC 531.
14. Adhoc Employees: Rattan Lal v State of Haryana, AIR 1987 SC 478.
15. Principles for Regularization of Adhoc Employees: State of Haryana v Piara
Singh, AIR 1992 SC 2130
16. Daily Wagers: ML Jain v Indore Development Authority, AIR 2004 SC 6569.
17. Objective of Suspension of Government Employees: Bipinchandra
Parshottamdas Patel v State of Gujarat, AIR 2003 SC 2256.
18. Subsistence Allowance: Khem Chand v Union of India, AIR 1963 SC 687.
19. Seniority & Date of Confirmation: H.V.Pardasani v Union of India, 1985 SC
781.
20. Seniority & Quota Rota Rule: K.N.Mishra v Union of India, 1986 (3) SLR
147.
21. Annual Confidential Report: State of Haryana v P.C. Wadhwa, AIR 1987 SC
1201.
22. Deputation: Umapati Choudhary v State of Bihar, AIR 1999 SC 1948.
23. Penalties: Kashinath Dikshita v Union of India, AIR 1986 SC 2118.
24. Disciplinary Departmental Enquires: State of Punjab v V.K. Khanna, AIR
2001 SC 343.
25. Enquiry Report: State of U.P. v Singhara Singah, AIR 1964 SC 358.
26. Misconducts: P.H. Kalyani v Air France, AIR 1963 SC 1756.
27. Conduct and Integrity of Government Servants: Gonvinda Menon v Union of
India, AIR 1967 SC 1274.
28. Management of Departmental Proceedings: Champak lal v Union of India,
AIR 1964 SC 1854.
5 LIST OF ASSIGNMENT/PROJECT TOPICS
1. Constitutional Right to equality in relation to Service matters.

2. Concept of Compassionate appointment
3. Principle of Equal Pay for Equal Work
4. Administrative Tribunals in India
5. Status and Rights of Ad Hoc Employees
6. Suspension under CCS (CCA) Rules, An Analysis
7. Conduct and Procedure of Disciplinary Enquiries
8. Adverse Remarks in an ACR- A detailed analysis of CCS Rules
9. Major Penalties
10. Minor Penalties
11. Concept of Service and Law in India
12. Role of Public Service Commission in Public Employment
13. Concept of Deputation in India and Protection under different statutes
14. Compulsory Retirement as a Penalty
6. INSTRUCTIONS TO STUDENTS
1. All students shall carry bare act

2. Some Important judgments are listed hereinbefore, students are advised to
download these judgements and are further advised to prepare their shortnotes
so as to enable meaningful discussion in class
3. The above teaching schedule is tentative and is subject to change as per the
need and requirements of the session
4. The list of judgments recommended is only illustrative and new judgements
may be added to it during class-room discussion
Teaching Schedule
of
Citizenship and Emigration Law
for
B.A. LL.B. (Hons.)
VIII Semester
Session 2022-2023
Compiled By :
Siddhartha Fuller
For Private Circulation Only
1
Table of Contents
1. Preface 2
3. Syllabus 3
Preface
Citizenship serves as a legal bond between an individual and the State. It brings with itself not
only a sense of identity but also a set of rights. The importance of citizenship is that without
it, people are generally excluded from the political process, especially the right to vote.
People who are statelessness are prevented from fulfilling their potential and may have a
severe knock-on effect for social 5 cohesion and stability; it may even lead to communal
tension and displacement. The Universal Declaration of Human Rights (1948), in its Article
15 affirms that 'everyone has the right to a nationality'. These words confirm the commitment
of the international community to secure a legal link of nationality with a particular State to
each and every person. This commitment also indicates that statelessness must be avoided, in
all cases, through the possession of nationality. All sovereign states have in place their own
procedure to grant nationality at the domestic level. Determining whether a person is a citizen
is quintessentially a prerogative of state sovereignty. Therefore, to prevent and reduce cases
of statelessness across the world, a combined effort from all states is required. In general,
States have in place a mixture of automatic and non-automatic 6 modes for the acquisition of
citizenship. Automatic acquisition refers to citizenship that is automatically acquired at birth,
based on jus sanguinis (i.e. birth to a national) or jus soli (i.e. birth on the territory).
Automatic modes are those where a change in citizenship status takes place by operation of
law (ex lege). In contrast, non-automatic acquisition of citizenship is one wherein an act of an
individual or a State authority is required before a change in citizenship status can take place,
such as obtaining citizenship through the process of naturalization.
In this paper we attempt to explore the legal, political and constitutional dimensions of the
law on citizenship in India along with building a strong theoretical foundation on idea of
2
citizenship building upon the theories of various thinkers and philosophers across the world.
Besides an attempt is made to study other allied issues like domicile, statelessness,
emigration, illegal migration, law relating to passports and foreigners.
Objectives
1. To develop a critical thinking about the development of this branch of law. The same will
be based within the premise of the idea of citizenship.
2. To familiarize the students with the existing legal framework of laws relating to
citizenship.
3. To critically analyse the present regime of laws with reference to the postulate of a citizen
as the fundamental point of democracy.
4. To learn the process of development/reforms in the field of citizenship laws by parallel
forces
a. Legislations/ Amendments
b. Judicial contributions
c. Civil society interventions
Syllabus
MODULE I
CITIZENSHIP: THEORETICAL FRAMEWORK
 CITIZENSHIP: Meaning, Definition and Conceptual Framework

 CITIZENSHIP: Statelessness, Domicile and Dual Citizenship
 THEORIES OF CITIZENSHIP: Civic-Republican
 THEORIES OF CITIZENSHIP: Sociological Theory
 THEORIES OF CITIZENSHIP: Multicultural Theory
MODULE II
3
CITIZENSHIP LAWS IN INDIA
 CITIZENSHIP: Historical Evolution in India

 CITIZENSHIP: Constituent Assembly Debates
 CITIZENSHIP: Constitutional Provisions
 CITIZENSHIP: Statutory Law in India
 CITIZENSHIP AND CONTEMPORARY TRNDS: CAA, NPR and NRC
MODULE III
EMIGRATION
 EMIGRATION: Meaning, Definition and Conceptual Framework

 EMIGRATION: Forced and Voluntary
 EMIGRATION: National policy and Legal Framework
 MODERN CITIZENSHIP AND THE AGE OF GLOBALISATION
 CITIZENSHIP AND RIGHT TO MOVEMENT
.
MODULE IV
LAW ON PASSPORT AND FOREIGNERS
 PASSPORT: Meaning, Definition and Conceptual Framework

 PASSPORT LAWS IN INDIA
 ENTRY IN INDIA AND VISA REGIME IN INDIA
 LAW RELATING TO REGISTRATION OF FOREIGNERS IN INDIA
 ILLEGAL IMMIGRATION IN INDIA AND LEGAL REGIME
Tentative Lecture/Teaching Schedule
Lectures
Module I
1. CITIZENSHIP: Meaning, Definition and 2

Conceptual Framework
2. CITIZENSHIP: Statelessness, Domicile and Dual 2
Citizenship
3. THEORIES OF CITIZENSHIP: Civic- 2
Republican
4. THEORIES OF CITIZENSHIP: Sociological 2
Theory
4
5. THEORIES OF CITIZENSHIP: Multicultural 2
Theory
Total Lectures 10
Module II
6. CITIZENSHIP: Historical Evolution in India 2
7. CITIZENSHIP: Constituent Assembly Debates 2
8. CITIZENSHIP: Constitutional Provisions 2
9. CITIZENSHIP: Statutory Law in India 2
10. CITIZENSHIP AND CONTEMPORARY 2

TRNDS: CAA, NPR and NRC
Total Lectures 10
Module III
11. EMIGRATION: Meaning, Definition and 2

12. 1
EMIGRATION: Forced and Voluntary
13. EMIGRATION: National policy and Legal 1
Framework
14. MODERN CITIZENSHIP AND THE AGE OF 2
GLOBALISATION
15. CITIZENSHIP AND RIGHT TO MOVEMENT 1
Total Lectures 7
Module IV
16. PASSPORT: Meaning, Definition and 2

17. PASSPORT LAWS IN INDIA 2
18. ENTRY IN INDIA AND VISA REGIME IN 1

INDIA
19. LAW RELATING TO REGISTRATION OF 1
FOREIGNERS IN INDIA
20. ILLEGAL IMMIGRATION IN INDIA AND 1
LEGAL REGIME
Total Lectures 7
5
Reference Material
Prescribed Legislations
1. Constitution of India
2. Citizenship Act, 1955
3. Passport (Entry into India) Act, 1920
4. Passport Act, 1967
5. Foreigners Act, 1946
6. Illegal Migrant (Determination by Tribunals) Act, 1983
7. Emigration Act, 1963
Module I
Books and Articles
 B.N. Ray, Citizenship in a Globalising World, Kaveri Books
 Robert Blackburn, Rights of Citizenship, Mansell Publishing Ltd.
 S.R. Myneni, Citizenship and Emigration Law, Asia Law House
 Ayelet Shachar, 'Citizenship' in Michel Rosenfeld & Andras Sajo (eds),
Oxford Handbook of Comparative Constitutional Law (2013), 1002-1019
 Ryan K. Balot, 'Revisiting the Classical Ideal of Citizenship' in Ayelet
Shachar, et.al. (eds), Oxford Handbook of Citizenship (2017), 15-35
 Iseult Honohan, 'Liberal and Republican Conceptions of Citizenship' in
Ayelet Shachar, et.al. (eds), Oxford Handbook of Citizenship (2017), 83-106
 Will Kymlicka and Wayne Norman, Return of the Citizen: A Survey of Recent
Work on Citizenship Theory, Ethics, Vol 104, No. 2 (Jan 1994), pp. 352-381
6
 Bryan S. Turner, Outline of a Theory of Citizenship, Sociology, Vol.24 No.2
(May 1990), pp. 189-217
Module II
Books and Articles
 D.D. Basu, Introduction to the Constitution of India, Wadhwa & Co.
 H.M. Seervai, Constitutional Law of India, Eastern Book Company, Lucknow
 M.P. Singh, V.N. Shukla’s Constitution of India, Eastern Book Co.
 Subhash C. Kashyap, Citizenship and the Constitution, Publication’s Division,
Ministry of I&B, Government of India.
 A.N. Sinha, Law of Citizenship and Aliens in India, Asia Publishing House
 Niraja Gopal Jayal, 'Citizenship' in Sujit Choudhry et. al.(eds) Oxford
Handbook of Indian Constitution(2016), 163-179
 William J. Rich, Modern Constitutional Law, (2017) 109-141
Module III
Books and Articles
 Susan Martin, 'War, Natural Disasters and Forced Migration' in Marc R.
Rosenblum and Daniel J. Tichenor (eds), Oxford Handbook of Politics of
International Migration (2012), 53-73
 David Reimers, 'Explaining Migration Policy: Historical Perspectives in Marc R.
Rosenblum and Daniel J. Tichenor (eds), Oxford Handbook of Politics of
International Migration (2012), 274-300
 Chunnu Prasad, Migration and the Question of Citizenship: People of Chittagong
Hill Tract in Arunachal Pradesh, Indian Journal of Political Science, Vol 67, No.
3 (July-Sept 2006), pp. 471-490
7
 Ashish Bose, Afghan Refugees in India, Economic and Political Weekly, Vol 39
No. 43 (Oct 23-Oct 29, 2004) pp. 4698-4701
Module IV
Books and Articles
 Mazhar Hussain, Law Relating to Foreigners, Passport and Citizenship in
India, Eastern Book Co.
 Gurubax Singh, Law of Foreigners, Citizenship and Passports in India,
Universal Law Publishers.
 V.K. Dewan, Law of Citizenship , Foreigners & Passports, (2015)
Teaching Pedagogy
Lectures, classroom debates, home assignments, article reviews, YouTube documentaries and
interviews, What’s New (weekly news discussion) and surprise tests.
Project Topics
1. Constitutionality of Citizenship (Amendment) Act, 2019
2. Ancient Civilisations and Thoughts on Citizenship
3. Constituent Assembly of India and Citizenship Debates
4. Civic Theory of Citizenship
5. Liberal Theory of Citizenship
6. Republican Theory of Citizenship
7. Multicultural Theory of Citizenship
8. Modern Citizenship and the Age of Globalisation
9. Corporate Citizenship
10. Overseas Citizenship to PIOs and NRIs
8
11. Citizenship and Indian Constitution
12. Citizenship and Right to Movement
13. Statelessness
14. Dual Citizenship and Indian Laws
15. Missing the Refugee Law in India
16. Chakmas: Studying Statelessness in India
17. Brus and Forced Migration
18. Status of Minority Religious Communities in Pakistan
19. Passport Laws in India
20. Status of Minority Religious Communities in Bangladesh
 No electronic gadget, phone or computer is allowed in the class.
 Only those students who are interested in learning should attend the class.
 All students are expected to participate in classroom activities, including debates,
assignments and What’s New.
 Besides the recommended readings, students should read all the materials uploaded on
the ERP and watch all the videos shared on the WhatsApp group by the Course
Instructor.
 There will also be regular seminars, workshops and movie screenings related to the
subject.
 Students are required to compulsorily carry bare acts of the concerned subject.
9
Teaching Schedule
of
Judicial Process and Judicial Review
for
B.A. LL.B. (Hons.)
VIII Semester
Session 2020-21
Compiled By :
Siddhartha Fuller
For Private Circulation Only

Table of Contents
1. Preface 1
3. Syllabus 2
Preface
The judicial process is a set of interrelated procedures and roles for deciding disputes by an
authoritative person or persons whose decisions are regularly obeyed. The disputes are to be
decided according to a previously agreed upon set of procedures and in conformity with
prescribed rules. To put in a nutshell, everything done by judge in the process of delivery of
justice is called Judicial Process. It basically confines itself to the study of ‘is’ to ‘ought’ of
the law. We can also say that judicial process is the method of attaining justice. Justice is
ensured by judiciary in India, which is also one of the 3 organs of government. But Indian
judiciary has its own set of problems. The most prominent among them is the time taken by
courts to give decisions. It is well known that justice delayed is justice denied. It is true for
the courts as well; sometimes the property disputes take so many years to be resolved that the
claimant also dies during that time period, and his heirs keep on fighting the case.
3
Objectives
1. To develop a critical thinking about the development of this branch of law.

2. To familiarize the students with the existing legal framework of judicial review.
3. To critically analyse the present regime of laws with reference to the postulate of judicial
review.
4. To learn the process of development/reforms in the field of judicial review by parallel
forces
a. Legislations/ Amendments
b. Judicial contributions
c. Civil society interventions
Syllabus
Module I
 Meaning and Nature of Judicial Process
 Structure of Courts in India, US and UK: A Comparative Study
 Judicial Process and Constitutional Provisions
 Judicial Power to Punish for Contempt of Court
 Judicial Process and Social Change
Module II
 Doctrine of Precedent
 Judicial Process and Rule of Law
 Judicial Process and Separation of Powers
 Judicial Process and Judicial Activism
 Judicial Dissent and its Significance
Module III
 Origin, Nature and Scope of Judicial Review
 Judicial Review of Administrative Action
 Provisions for Judicial Review under the Constitution
 Judicial Review and Constitutionalism
 Limits of Judicial Review
Module IV
 Writs
 Judicial Legislation: Need and Change
 Judicial Activism and Social Action Litigation
 Judicial Activism and Judicial Self-Restraint
 Independence of Judiciary
Learning Outcome
 Understanding the nature and process of judicial decision making.

 Understanding the place of rule of law and its significance.
 Developing a comprehensive understanding of judicial review.
 Understanding judicial activism and its side effects.
Tentative Lecture/Teaching Schedule

Lectures
Module I
1. Meaning and Nature of Judicial Process 1
2. Structure of Courts in India, US and UK: 2

A Comparative Study
3. Judicial Process and Constitutional 1

Provisions
4. Judicial Power to Punish for Contempt of 2

Court
5. Judicial Process and Social Change 2
Total Lectures 8
Module II
6. Doctrine of Precedent 2
7. Judicial Process and Rule of Law 2
8. Judicial Process and Separation of Powers 1
9. Judicial Process and Judicial Activism 2
10. Judicial Process and its Significance 1
Total Lectures 8
Module III
11. Origin, Nature and Scope of Judicial 2
Review
12. Judicial Review of Administrative Action 2
13. Provisions for Judicial Review under the 1

Constitution
14. Judicial Review and Constitutionalism 2
15. Limits of Judicial Review 1
Total Lectures 8
Module IV
16. Writs 2
17. Judicial Legislation: Need and Change 1
18. Judicial Activism and Social Action 2

Litigation
19. Judicial Activism and Judicial Self- 1

Restraint
20. Independence of Judiciary 2
Total Lectures 8
Suggested Readings
Books and Articles
 Benjamin N. Cordozo, The Nature of Judicial Process (1995) Universal Law
Publishing Co., New Delhi
 Julius Stone, The Province and Function of Law Ch.1, PP 8-16, (2000) Universal Law
Publishing Co., New Delhi
 Julius Stone, Precedent and the Law: Dynamics of Common Law Growth (1985),
Butterworths, London
 G.P. Tripathi, Judicial Process (2013) Central Law Publications, Allahabad
 Anirudh Prasad and Chandrasen Pratap Singh, Judicial Power and Judicial Review
(2012) Eastern Book Co., Lucknow
 Upendra Baxi, The Indian Supreme Court and Politics. (1980), Eastern Book Co.,
Lucknow.
 Rajeev Dhavan. The Supreme Court of India – A Socio-Legal Critique of its Juristic
Techniques (1977), Tripathi – Bombay.
 S.P.Sathe, Judicial Activism in India: Transgressing borders and Enforcing Limits,
Oxford New Delhi. (2002).
 A. Lakshminath, Basic Structure and Constitutional Amendments – Limitations and
Justiciability (Deep & Deep Publications Pvt. Ltd., New Delhi, 2002).
 UpendraBaxi, “Some Reflections on the Nature of Constituent Power” in Rajeev
Dhavan and Alice Jacob (eds.), Indian Constitution Trends and Issues122 (1978).
 Sanjay S. Jain and Sathya Narayan (eds.), Basic Structure Constitutionalism –
Revisiting Kesavanada Bharati (Eastern Book Company, 1stedn., 2011).
 Virendra Kumar, Basic Structure of the Indian Constitution: Doctrine of
Constitutionally Controlled Governance, 49 Journal of the Indian Law Institute, PP
365-395, (2007).
 A. S. Anand, Judicial Review – Judicial Activism–Need for Caution, 42 Journal of
Indian Law Institute P. 149 (2000).
 Upendra Baxi, “On How Not to Judge the Judges” 25 Journal of the Indian Law
Institute, P. 211 (1983)
 Abhinav Chandrachud, The Informal Constitution: Unwritten Criteria in Selecting the
Judges of the Supreme Court of India, (2014) Oxford University Press, New Delhi
Cases
Module 1
 Vishakha v. State of Rajasthan, (1997) 6 SCC 241

 Independent Thought v. Union of India, MANU/SC/1298/2017
 Joseph Shine v. Union of India, MANU/SC/1074/2018
 Navtej Singh Johar. v. Union of India, MANU/SC/0947/2018
Module 2
 ADM Jabalpur v Shivkant Shukla, (1976) 2 SCC 521

 BR Kapoor v State of Tamil Nadu, AIR 2001 SC 3435
 Binoy Vishwam v Union of India, MANU/SCOR/29878/2017
 Justice K. S. Puttuswamy (Retd.) v. Union of India, 2018 (9) SCJ 224
Module 3
 Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

 Indira Nehru Gandhi v Raj Narain, AIR 1975 SC 2299
 Abhiram Singh v. C.D. Commachen, MANU/SCOR/00011/2017
 Indian Young Lawyers Association v. State of Kerala, MANU/SC/1315/2017
Module 4
 D.C. Wadhwa v State of Bihar, (1987) 1 SCC 378
 D.K. Basu v. State of WB, (1997) 1 SCC 416
 State of TN v. K. Balu, (2018) 3 SCC 336
 Manohar Lal Sharma v. Narendra Damodar Das Modi,
 Tehseen S. Poonawalla v. Union of India
Teaching Pedagogy
Lectures, classroom debates, home assignments, article reviews, YouTube documentaries and
interviews, What’s New (weekly news discussion) and surprise tests.
 No electronic gadget, phone or computer is allowed in the class.
 Only those students who are interested in learning should attend the class.
 All students are expected to participate in classroom activities, including debates,
assignments and What’s New.
 Besides the recommended readings, students should read all the materials uploaded on
the ERP and watch all the videos shared on the WhatsApp group by the Course
Instructor.
 There will also be regular seminars, workshops and movie screenings related to the
subject.
 Students are required to compulsorily carry bare acts of the concerned subject.
Project Topics
1. Meaning and Nature of Judicial Process
2. Structure of Courts in India, US and UK: A Comparative Study
3. Judicial Process and Constitutional Provisions
4. Judicial Power to Punish for Contempt of Court
5. Judicial Process and Social Change
6. Doctrine of Precedent
7. Judicial Process and Rule of Law
8. Judicial Process and Separation of Powers
9. Judicial Process and Judicial Activism
10. Judicial Dissent and its Significance
11. Origin, Nature and Scope of Judicial Review
12. Judicial Review of Administrative Action
13. Provisions for Judicial Review under the Constitution
14. Judicial Review and Constitutionalism
15. Limits of Judicial Review
16. Law of Writs and Contemporary Issues
17. Judicial Legislation: Need and Change

18. Judicial Activism and Social Action Litigation
19. Judicial Activism and Judicial Self-Restraint
20. Independence of Judiciary
21. Vishakha v. State of Rajasthan
22. Independent Thought v. Union of India
23. Joseph Shine v. Union of India
24. Navtej Singh Johar. v. Union of India
25. ADM Jabalpur v Shivkant Shukla
26. BR Kapoor v State of Tamil Nadu
27. Binoy Vishwam v Union of India
28. Justice K. S. Puttuswamy (Retd.) v. Union of India
29. Marbury v. Madison
30. Indira Nehru Gandhi v Raj Narain
31. Abhiram Singh v. C.D. Commachen
32. Indian Young Lawyers Association v. State of Kerala
33. D.C. Wadhwa v State of Bihar
34. D.K. Basu v. State of WB
35. State of TN v. K. Balu, (2018) 3 SCC 336
36. Tehseen S. Poonawalla v. Union of India
37. M. Siddiq v. Mahant Suresh Das
38. NALSA v Union of India
39. Shayara Bano v Union of India
40. Daniel Latifi v Union of India

This portion can be utilized to issue instructions relating to the class to students e.g. that it is
mandatory for the students to carry bare act/judgment etc. Illustratively, some of the
following instructions may be issued
 All students shall carry bare act
LAW, PUNJAB

of
Competition Law and Practice
for
B.A. LL.B. (Hons.)
VIII Semester
Session 2022-2023
Compiled By :
Mr. Ankit Srivastava

1.0 Preface/Outline of the Subject
Competition Law in India has derived its essence from Article 38 and 39 of the Indian
Constitution. Art. 38 was also amended by the Constitution (44th Amendment) Act, 1978, but
even prior to its amendment on 20th June, 1979, it provided that the State had to strive to
promote the welfare of the people by securing and protecting, as effectively as possible, a
social order in which justice, social, economic and political, was to be taken into
consideration by all institutions of national life. Similarly, Art. 39 provided for certain
principles of policy to be followed by the State. Both the Articles are included in Part IV of
the Constitution comprising the Directive Principles of State Policy and though not
enforceable in a court of law, provide the guidelines for good governance in the State.
Although, all the clauses of Art. 39 are designed to benefit citizens of India in general,
clauses 2 (b) and (c) indicate how the Government should direct its policy to ensure that the
ownership and control of the material resources of the community are so distributed as best to
subserve the common good and that the operation of the economic system does not result in
the concentration of wealth and means of production to the common detriment. The
competition Act’s major role is to promote and sustain competition in the market . The path
of economic reforms in India, particularly since 1991, has been characterized by a well-
defined policy and direction. Several path-breaking reform measures have been successfully
undertaken during this period. Competition law is a rapidly growing area of law which
reflects the free market economy and increasing world globalization. The huge economic
movements which have taken place in recent years increased the attractiveness of this subject,
and competition lawyers are now prominent in the biggest law firms and institutions advising
in complex transactions. The course aims to give an overview on the basics of Competition
Law in India through a overview study of the main jurisdictions in brief (especially U.S. and
EU) and thus provide a solid background for further studies of this subject.
2.0 Course Objectives

 To learn about the history, need and evolution of Competition law
 To deliberate upon the laws relating Anti – Competitive activities and its Practical
applicability
 To discuss the application of the law in allied areas
 To study the present challenges faced by Antitrust Agencies across the globe
 The student shall be able to comment on current controversies and criticisms
 The student shall be able to Analyze the law for better applications
 The student shall further be researching in the area.
3.0 Teaching Methodology

As per the norms of the university there will be 4 theory classes per week. Teaching
Methodology will include:-
 Lecture-cum- Discussion
 Assignments
 Projects
 Presentations.
4.0 Learning Outcomes
 Demonstrate the ability to extract rules and policy from cases, statutes, and
administrative regulations and analyzing, interpreting and arguing differing
interpretations of rules and statutes
 Demonstrate the ability to conduct investigation of facts and to construct a coherent
narrative based on that investigation;
 Identify legal issues in facts and applying rules and policy to facts
 Perform comprehensive legal research
 Demonstrate the ability to solve problems in light of a client’s objectives: anticipating
consequences and assessing risks;
 Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
life-long learning and continuing improvement;
 Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
4.0 Syllabus
Module I: Introduction and General Overview to Competition Law and Anti-
Competitive Agreement
 Basic Concepts of Market (Perfect, Monopolistic, Monopoly, Oligopoly); History

and Development of Competition Law/ Antitrust Law
 MRTP Act to Competition Act, Raghavan Committee Report, Competition Act
2002; Salient feature of Competition Act, Important Definitions under the
Competition Act, 2002.
 Definition: Agreement, Understanding, Action in Concert, Nature of Agreement;
Appreciable Adverse Effect on Competition (AAEC) in India, Exemption,
Procedural Issues: Standard of Proof, Extraterritoriality
 Horizontal and Vertical Agreements
 Section 3 and IPR
Module II: Abuse of Dominance

 Enterprise and Group
 Relevant Market: Relevant Product Market, Relevant Geographical market
 Dominance in Relevant Market;
 Abuse of dominance; Predatory Pricing.
 Penalties – Prevention of Abuse of Dominance under Indian Competition Law
Module III: Combinations
 Scope of Section 5 and 6 of Competition Act

 Threshold for Combinations
 Control, Exemption: De-minimus, Amalgamation of regional rural banks,
Nationalised banks, Oil and Gas sector
 Process of filing
 Review of Combinations
Module IV: Enforcement Mechanism, Advocacy and Emerging Trends in Competition

Law
 Enforcement Mechanisms under the Competition Act, 2002 – Duties of Commission,

Procedure and Manner of Inquiry, Orders by commission, Consultation with sectoral
regulators, Director General
 Competition Advocacy in India and other foreign jurisdictions
 E-Commerce and its impact on Competition Law
 Big Data, Privacy and Competition Law
 Challenges ahead
5.0 Tentative Lecture Plan
Tentative Teaching Schedule should be in the following format
Sr. No. Topic Number of Lectures

Module I
1. Basic Concepts of Market (Perfect, 3
Monopolistic, Monopoly, Oligopoly);
History and Development of
Competition Law/ Antitrust Law
2. MRTP Act to Competition Act, 2
Raghavan Committee Report,
Competition Act 2002; Salient feature
of Competition Act, Important
Definitions under the Competition
Act, 2002.
3. Definition: Agreement, 2
Understanding, Action in Concert,
Nature of Agreement; Appreciable
Adverse Effect on Competition
(AAEC) in India, Exemption,
Procedural Issues: Standard of Proof,
Extraterritoriality
4. Horizontal and Vertical Agreements 7
5. Section 3 and IPR 3
Total Lectures 17
Module II
Abuse of Dominance
1. Enterprise and Group 1
2. Relevant Market: Relevant Product 2

Market, Relevant Geographical
market
3. Dominance in Relevant Market 2
4. Abuse of dominance; Predatory 6

Pricing.
5. Penalties – Prevention of Abuse of 4

Dominance under Indian Competition
Law
Total Lectures 15
Module III
Combinations
1. Scope of Section 5 and 6 of Competition Act 2
2. Threshold for Combinations 1
3. Control, Exemption: De-minimus, 1
Amalgamation of regional rural banks,
Nationalised banks, Oil and Gas sector
4. Process of filing 3
5. Review of Combinations 3
Total Lectures 10
Module IV
Enforcement Mechanism, Advocacy and Emerging Trends in Competition
Law
1. Enforcement Mechanisms under the 2
Competition Act, 2002 – Duties of Commission,
Procedure and Manner of Inquiry, Orders by
commission, Consultation with sectoral
regulators, Director General
2. Competition Advocacy in India and other 1

foreign jurisdictions
3. E-Commerce and its impact on Competition 3

Law
4. Big Data, Privacy and Competition Law 3

5. Challenges ahead 1
Total Lectures 10
6.0 Reference Material
 Ramappa T., Competition law India, Policy Issues, and Developments. 1st Edition,
New Delhi, Oxford, 2006, pages 1 to 25.
 Vinod Dhall, Competition Law today, concepts, issues, and the law in practice, 1st
Edition, Oxford University Press, India, pages 1- 20.
 Competition law India, Policy Issues, and Developments. 1st Edition, New Delhi,
Oxford, 2006, pages 60 to 100.
 Vinod Dhall, Competition Law today, concepts, issues, and the law in practice, 1st
Edition, Oxford University Press, India, 2007, pages 60 -90.
 Peritz Rudolph J.R., Competition Policy in America: History, Rhetoric, Law. 1st
Edition, New York: Oxford University Press, 2000.
 Elhauge Einer, Geradin Damien, Global Competition Law and Economics, 1st
Edition, USA. Hart Publishing, 2007.
 Smith Martin, Competition Law Enforcement & Procedure, London:
Butterworths, 2001.
 Graham Cosmo, Competition, Regulation and the New Economy, 1st Edition, New
York: Oxford and Portland Oregon, 2004.
 Piet Jan Slot and Angus Johnston, An Introduction to Competition Law, Oxford
and Portland, Oregon, 2006, Chapter 1.
 Suresh T. Vishwanathan, Law and Practice of Competition Act, Bharat, Chapter’s
2, 3
 Richard Whish, Competition Law, Oxford University Press, 2008, Chapters 1 & 2
 Suresh T. Vishwanathan, Law and Practice of Competition Act, Bharat.
 Richard Whish, Competition Law, Oxford University Press, 2008.
 S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer
Protection Law, 2006, Wadhwa, Nagpur
 Abir Roy & Jayant Kumar, Competition Law in India, Eastern Law House, New
Delhi.
 P. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI
University Press, 2007.
 Kristy Middleton, Barry Rodger & Angus Mac Culloch, Cases and Materials on
UK and EC Competition Law, Oxford University Press, 2003.
 Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007.
 Philips E. Areeda & H. Hovenkoup, Fundamentals of Anti-Trust Law, ASPEAN
Publications, 2006
 Universal Guide to Competition Law in India, Universal Law Publishing Company,
New Delhi, 2003
5.3 Case Laws
Module I:
1. Brahm Dutt v. Union of India, AIR 2005 SC 730

2. CCI v. Steel Authority of India Ltd. & Anr, (2010)10SCC 744
Module II
1. Builders Association of India v. Cement Manufacturers', Case No. 29/2010, CCI.

2. Competition Commission of India v. Co-ordination Committee of Artists and
Technicians of West Bengal Film and Television &Ors., AIR 2017 SC 1449,
3. Rajasthan Cylinders and Containers Ltd v Union of India & Anr Civil Appeal
3546 of 2014, Order dated 1 October 2018.
4. Excel Crop Care Ltd v Competition Commission of India & Ors (2017) 8 SCC 47
5. All India Tyres Dealers Federation v. Tyres Manufacturers, 2013 COMP LR 92
(CCI), Main Order dated October 30, 2012 and Minority Order by Mr. R Prasad
(Member, CCI) dated October 30, 2012.
6. Aamir Khan Productions Private Limited v. Union of India, (2010) 4CompLJ580
(Bom)
7. Re: Aluminium Phosphide Tablets Manufacturers, 2012 Comp LR 753 (CCI)
8. Delhi Jal Board vs. Grasim Industries Ltd. and Ors.,ref. case no. 03 and 04 of 2013
dated 05.10.2017
9. FICCI – Multiplex Association of India v. United Producers/ Distributors Forum,
Case No. 1/2009 (CCI)
10. National Insurance Company Ltd. and Ors. v Competition Commission of India
Appeal No. 94 of 2015
11. Shamsher Kataria v. Honda Siel Cars India Ltd., 2014 Comp LR 1 (CCI)
12. Consumer Online Foundation Informant v. Tata Sky Limited &Ors., Case No. 2 of
2009 (CCI)
13. Mahindra & Mahindra Ltd vs Union Of India & Anr, 1979 AIR 798, 1979 SCR
(2)1038.
14. Eros International Media Ltd. v. Central Circuit Cine Association & Others, 2012
CompLR 20 (CCI).
Module III
1. Sonam Sharma v Apple Inc.

2. Exclusive Motors Pvt Ltd v. Automobile Lamborghini SPA, Case No. 52/2012, CCI
3. Google Inc. & Ors v. Competition Commission of India & Anr., [2015]
127CLA367(Delhi)
4. Belaire Apartment Owners' Association v. DLF Ltd & HUDA, 2011 Comp LR
0239(CCI), Main Order dated August 12, 2011; Supplementary Order by Mr. R
Prasad (Member, CCI) dated August 12, 2011 and Supplementary Order dated
January 3, 2013 DLF Ltd. v. CCI, 2014 Comp LR 01 (CompAT)
5. M/s HT Media Limited Informant V. M/s Super Cassettes Industries Limited, Case
No. 40 of 2011 (CCI)
6. Arshiya Rail Infrastructure Limited and KRIBHCO Infrastructure Limited V Ministry
of Railways and Container Corporation of India Ltd.; Case Nos. 64/2010, 2/2011 and
12/2011.
7. In Re: M/s Three D Integrated Solutions Ltd. and M/s VeriFone India Sales Pvt. Ltd.,
Case No. 13/2013 (CCI).
8. In Re: Fast Track Call Cab Pvt. Ltd, Case Nos. 6/ 2015 and 74 of 2015 (CCI).
9. Surinder Singh v. Board of Control for Cricket in India, [2013] 113CLA579(CCI),
Main Order dated February 8, 2013; Supplementary Order by Mr. R Prasad (Member,
CCI) dated February 8, 2013 and Dissenting Order by Mr. M.L. Tayal dated February
8, 2013.
10. Dhanraj Pillay v. M/s Hockey India, 2013 Comp LR 543 (CCI); Main Order dated
May 31, 2013 and Dissenting Order by Mr. R Prasad (Member, CCI) dated February
28, 2013.
11. MCX Stock Exchange v. National Stock Exchange Ltd., 2011 Comp LR 129 (CCI);
National Stock Exchange Ltd. v. MCX Stock Exchange 2014 Comp LR 304
(CompAT).
12. Indian Exhibition Industry Association v. Ministry of Commerce and Industry and
Indian Trade Promotion Organisation, 2014 Comp LR 87 (CCI); Indian Trade
Promotion Organisation v. CCI & Ors, CompAT Decision.
Module IV
1. Etihad Airways and Jet Airways Combination Order, CCI, Order dated November 12,
2013.
2. Sun Pharma and Ranbaxy Combination Order, CCI, Orders dated December 5, 2014
and March 17, 2015.
3. PVR and DT Cinemas Combination Order, CCI, Order dated May 4, 2016
4. Bayer/Monsanto
5. Dow/DuPont
Module V
1. Google Inc. & Ors v. Competition Commission of India & Anr., [2015]
127CLA367(Delhi)
2. Ashish Ahuja v. Snapdeal, Competition Commission of India, Case No. 17 of 2014
3. In All India Online Vendors Association and Flipkart India Private Limited & other1
(CCI Order Quashed by NCLAT in March, 2020)
4. MakeMyTrip India Pvt. Ltd (MMT) & Others.
5. Vinod Kumar Gupta v. WhatsApp Inc
6. Matrimony.com Limited & Ors. v Google LLC & Ors. and Consumer Unity Trust
Society v Google LLC & Ors; (Case Nos. 07 and 30 of 2012)
7. In Re: Meru Travel Solutions Private Limited (MTSPL) v Uber India Systems Pvt.
Ltd.
8. Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No.
641 of 2017
Digital Economy and

Cartels: A Study on
India and US
Brahm Dutt v. Union of
India, AIR 2005 SC
730
CCI v. Steel Authority
of India Ltd. & Anr,
(2010)10SCC 744
Competition Law
challenges: A case
Study on Google
Competition Law and
Sectoral Regulators: A
case Study on CCI v.
TRAI
Digital Economy and
Abuse of Dominance:
A study on India and
US
The intersection
between Big Data and
Competition Law
CCI v SAIL
Cement Cartel Case
Digital Economy and
Abuse of Dominance:
A study on India and
US and EU
Vinod Kumar Gupta v
Whatsapp Inc.
Tyre Cartel Case
Excel Corp Case
Mr. Mohit Manglani v.
Flipkart India (P) Ltd.
& Ors., Case No. 80,
CCI, (2014)
Analysis of CCI’s
report on E-Commerce
and Competition Law
Analysis of Report of
Federal Trade
Commission on
Competition Issues in
Digital Economy
Consumer Unity Trust
Society v Google LLC
& Ors
Mr. Umar Javeed&Ors.
v. Google LLC and
Google India (P) Ltd.,
Case No. 39, CCI,
(2018)
Exclusive Motors Pvt

Ltd v. Automobile
Lamborghini SPA,
Case No. 52/2012, CCI
M/s HT Media Limited
Informant V. M/s Super
Cassettes Industries
Limited, Case No. 40 of
2011 (CCI)
Arshiya Rail
Infrastructure Limited
and KRIBHCO
Infrastructure Limited
V Ministry of Railways
and Container
Corporation of India
Ltd.; Case Nos.
64/2010, 2/2011 and
12/2011.
Digital Economy and

Role of Data as a
Source of Market
Power
Competition
Commission of India v.
Co-ordination
Committee of Artists
and Technicians of
West Bengal Film and
Television &Ors., AIR
2017 SC 1449
Analysis of OECD
Report on Digital
Economy and
Competition Law
Meru Travels Solutions
Pvt. Ltd. v. CCI,
Appeal No. 31,
COMPAT (2016)
Rajasthan Cylinders
and Containers
Ltd v Union of India &
Anr Civil Appeal 3546
of 2014, Order dated 1
October 2018.
Ashish Ahuja v
Snapdeal
Sonam Sharma v Apple
Inc.
In Re: M/s Three D
Integrated Solutions
Ltd. and M/s VeriFone
India Sales Pvt. Ltd.,
Case No. 13/2013
(CCI).
Delhi Jal Board vs.
Grasim Industries Ltd.
and Ors.,ref. case no.
03 and 04 of 2013
dated 05.10.2017
Aamir Khan
Productions Private
Limited v. Union of
India, (2010)
4CompLJ580 (Bom)
FICCI – Multiplex
Association of India v.
United Producers/
Distributors Forum,
Case No. 1/2009 (CCI)
Mahindra & Mahindra
Ltd vs Union Of India
& Anr, 1979 AIR 798,
1979 SCR (2)1038.
In All India Online

Vendors Association
and Flipkart India
Private Limited & other
Bharti Airtel Ltd v.
Reliance Industries Ltd
& Reliance Jio
Infocomm Ltd., Case
No. 03, CCI, (2017)
In re: Samir Agrawal v.
ANI Technologies Pvt.
Ltd. & Ors., Case No.
37, CCI, (2018).
Privacy and Data
Security: Competition
Law Challenges
Meru Travel Solutions
Pvt. Ltd. v. Uber India
Systems Pvt. Ltd. &
Ors., Case No. 96, CCI,
(2015
National Insurance
Company Ltd. and Ors.
v Competition
Commission of India
Appeal No. 94 of 2015
Consumer Online
Foundation Informant
v. Tata Sky Limited
&Ors., Case No. 2 of
2009 (CCI)
Eros International
Media Ltd. v. Central
Circuit Cine
Association & Others,
2012 CompLR 20
(CCI).
Belaire Apartment
Owners' Association v.
DLF Ltd & HUDA,
2011 Comp LR
0239(CCI)
Dhanraj Pillay v. M/s
Hockey India, 2013
Comp LR 543 (CCI)
Indian Exhibition
Industry Association v.
Ministry of Commerce
and Industry and Indian
Trade Promotion
Organisation, 2014
Comp LR 87 (CCI)
Etihad Airways and Jet
Airways Combination
Order, CCI, Order
dated November 12,
2013.
Shamsher Kataria v.
Honda Siel Cars India
Ltd., 2014 Comp LR 1
(CCI)
In Re: Fast Track Call
Cab Pvt. Ltd, Case Nos.
6/ 2015 and 74 of 2015
(CCI).
Surinder Singh v. Board

of Control for Cricket
in India, [2013]
113CLA579(CCI)
MCX Stock Exchange
v. National Stock
Exchange Ltd., 2011
Comp LR 129 (CCI)
Sun Pharma and
Ranbaxy Combination
Order, CCI, Orders
dated December 5,
2014 and March 17,
2015.
PVR and DT Cinemas
Combination Order,
CCI, Order dated May
4, 2016
Combination
Bayer/Monsanto
Combination
Dow/DuPont
Leniency Program and
Dawn Raid
The Concept of
Collective Dominance:
Comparitive study
between India and US
History and
Development of
Competition law in
India
Buyers Cartel: The
emergence of new
concept
Crisis Cartel: An
Antitrust solution to
COVID-19
COVID -19 and
Competition Law
Challenges
Importance of Relevant
Market in Competition
Law
Flipkart and Amazon:
The Deep Discounting
Issues
Cab Aggregators and
price fixing algorithms:
A Conundrum
Jio-Facebook Deal and
Competition Concerns
Facebook/Whatsapp
merger EU
Price Parellelism: A
defense or a Loophole
Predatory Pricing and
Competition Law
Concerns
‘Jumping the Gun’ is
reprimanded by the
CCI: Are entities
mindful about the
same?
Fuel Surcharge
Through Concerted
Action: Analysis of
Express Industry
Council of India v. Jet
Airways Ltd & Ors
Examining The
Rationale Behind
Predatory Pricing
Under Competition
Law
Is the Competition Act,
2002 adequately
equipped to deal with
Big Data?
Merger & Acquisition
and Incompetency of
CCI in Its Regulation
Competition
Commission &
Companies with respect
to Bharti Airtel and
Reliance Jio Infocomm
Regulating
Combination Under
Competition Law In
India
Competition Law
Contours of Resale
Price Maintenance – A
Case Law Analysis
Effectiveness of
Whistle Blower And
Leniency Programme in
Detecting And
Preventing Cartels
Competition
Commission on
Prepayment Charges:
Neeraj Malhotra Case
‘Cross-Border Mergers:
Implications under the
Competition Act, 2002’

This portion can be utilized to issue instructions relating to the class to students e.g. that it is
mandatory for the students to carry bare act/judgment etc. Illustratively, some of the
following instructions may be issued
 All students shall carry bare act
Course Teacher/Teachers
Teaching Schedule
of
International Criminal Law
for
Session 2022-23
Paper (Optional)
Compiled By : Sangeeta Taak

Table of Contents

1. Preface 3-4
3. Syllabus 6-7
4 Learning Outcome 7-8
5 Teaching Schedule 8-9

6. Reference Material 9-10
7. Teaching Pedagogy 11-12
8 List of Assignments/Projects 13
9 Important Instructions 14
1.0 Preface/Overview of the Subject
1.1 Introduction
International Criminal Law deals with the most heinous crimes at International level. It deals
with Genocide, War crime and Crime Against Humanity. International Criminal law is a
body of Public International Law. Therefore, its sources are similar to the International Law.
That is, Article 38(1) of the 1946 statute of the International court of Justice and comprise:
treaties, customary international law, general principles of law. However, the International
criminal Court (ICC) is a treaty-based law and it is governed by the Rome Statute. After the
World war II the need was felt to have an International court to deal with the heinous crimes.
Although, it had various subsidiaries as well before the International Criminal Court came
into existence.
 International Criminal Tribunal for the former Yugoslavia

 International Criminal Tribunal for Rwanda
Apart from these institutions, some "hybrid" courts and tribunals exist—judicial bodies with
both international and national judges:
Special court for Sierra Leone
Extraordinary Chambers in the Courts of Cambodia

Special tribunal for Lebanon
War Crimes Chamber of the Court of Bosnia and Herzegovina
Kosovo specialist chambers and specialist Prosecutor’s office
Some domestic courts have also been established to hear international crimes, such as
international court at Bangladesh.
2.0 Objective of the Course
The main objective of this course is to make the students know that why there was a need to
establish a International Criminal Law. What is the main purpose behind it. It is necessary to
understand the principle of complementarity before understanding the International Criminal
Law. After the World war II the need was felt to have a international criminal court in order
to punish the most heinous crimes like Genocide, War Crime, Crime against humanity and
the crime of Aggression.
This course shall provide students with the foundational principles of international criminal
law and international criminal justice more generally. In so doing, students will emerge with:
knowledge of the historical and theoretical underpinnings of international criminal law; an
understanding of the jurisdictional parameters of this body of law; the relevant modes of
liability and possible defences applicable before international criminal courts and tribunals;
and finally, the challenges facing the continued evolution of international criminal justice.
This course will chart the historical development of international criminal law from the post-
WWI Leipzig Trials, through the Nuremberg International Military Tribunal and subsequent
zonal trials, before looking at domestic prosecutions of international crimes and finally the
revival of international criminal law with the establishment of the ad hoc International
Criminal Tribunals for the former Yugoslavia and Rwanda and the creation of the
International Criminal Court.
It shall focus at the development of substantive international criminal law, namely, war
crimes, crimes against humanity, genocide, aggression and the attendant modes of individual
criminal liability and possible defences. In the last module the current and future challenges
the continued evolution and effectiveness of international criminal justice shall be discussed
in detail.
The main objectives of the course are as under:
 Employ various methods of legal reasoning and analyzing statutes, cases, and other
sources of law.
 Discern relevant facts and apply a legal principle to those facts.
 Understand the historical and current legal framework of international criminal law,
including the institutions, subject-jurisdiction, modes or liability, defenses and the
principle of complementarity.
 Appreciate the political and sociological context in which international criminal

justice operates.
 Critically analyze the contemporary challenges and debates relevant to international

criminal law.
3.0 Syllabus
Sr. No. Contents

1. Syllabus
Module I
Meaning of International Criminal Law
Historical Background of International Criminal Law
Sovereignity of State
Subjects of International Law
Principle of Legality, Article 20-24 of the Rome Statute, 1998
Module II
Genocide: Genocide Conventions, 1948, ICTY, ICTR and ICC
War Crimes: ICTY,ICTR and ICC
Crimes Against Hhumanity and Crime of Aggression
Terrorism
Apartheid and Torture
Module III
The Nuremberg and Tokyo Tribunals
The ICTY and ICTR: Similarities and Differences
The International Criminal Court
Domestic Tribunals
The Iraqui Special Tribunal for Saddam Hussain
Module IV
Individual Criminal Responsibility: ICTY,ICTR and Under Article 25

of the Rome Statute of the ICC, 1998
Modes of Participation of International Criminal Law, Aiding and

Abetting, Inchoate Offences, Command Responsibility
Grounds for Excluding Criminal Responsibility
International Criminal Court: Jurisdiction
Admissibility of Cases and Critical Analysis

4. Learning Outcome
The student shall be learning
1. the Development of International Criminal Law. The shift of
King as a sovereign to the individual criminal liability at an
Internaitonal Level.
2. Student shall be well versed with the concept of Nullum
Crimen Sine Lege a nd the Ne Bis in Idem
3. The student shall be learning the practical aspect of signing or
non signing of the Rome Statute and the reluctance of the
Countries includong India for not signing and ratifying
4. The student shall be able to understand the difference betweent
he Admissibility and the Jurisdiciton of the International
Criminal Court
5. Wht the ICC is not taking up vaious cases the reasoning,
jurisdiction and the politics
6. The student may be able to differentiate the criminal alw from
International Criminal Law
7. The difference of hybrid tribunal and the permanent tribunal
5.0 Tentative Teaching Schedule

Module I No. Of
Lectures
1
Meaning of International Criminal Law
Historical Background of International Criminal Law 1
Sovereignity of State 2
Subjects of International Law 2
Principle of Legality, Article 20-24 of the Rome Statute, 1998 1

7
Module II Genocide: Genocide Conventions, 1948, ICTY, ICTR and ICC 2
War Crimes: ICTY,ICTR and ICC 2
Crimes Against Hhumanity and Crime of Aggression 2
Terrorism 2
Apartheid and Torture

10
Module III The Nuremberg and Tokyo Tribunals 1
The ICTY and ICTR: Similarities and Differences

The International Criminal Court 2
Domestic Tribunals 1
The Iraqi Special Tribunal for Saddam Hussain 1
Module Individual Criminal Responsibility: ICTY,ICTR and Under Article 25 1

IV of the Rome Statute of the ICC, 1998
Modes of Participation of International Criminal Law, Aiding and 1
Abetting, Inchoate Offences, Command Responsibility
Grounds for Excluding Criminal Responsibility 1
International Criminal Court: Jurisdiction 1
Admissibility of Cases and Critical Analysis Total 1
Books
1. Alebeek, Rosanne Van,Immunity of States and their Officials in International Criminal

Law and International Human Rights Law, Oxford University Press, New York., 2008.
2. Banerjee, Dipankar, International Criminal Court,KDF, New Delhi, 2006.
3. Bantekas, Illias and Nash Susan, International Criminal Law, (ed.) Rout Ledge,
London,2003.
4. Broomhall, Bruce, International Justice and International Criminal Court: Between
Sovereignty and the Rule of Law, Oxford, University. Press, New York, 2004.
5. Cassese, A, Rome Statute of International Criminal Court: A Commentary Materials,
Oxford University Press, New York,2002.
6. Dormann, Knut and Beck, Louise Doswald, Elements of War Crimes under the Rome
Statute of the International Criminal Court: Sources and Commentary,Cambridge
University, U.K., 2008.
7. Fanner, Toni. P., International Criminal Tribunals, ICRC, Switzerland, 2006.
8. Gurjeet Singh, Codification OF International Criminal Law: Study of Role and
Responsibilities of International Criminal, 2003.
9. ICC- India,International Criminal Court: Conversationswith Indian
Parliamentarians,ICC- India, Mumbai, 2005.
10. International Criminal Court, International Criminal Court: International Criminal Court,
Netherlands, 2010.
11. William A. Schabas, International Criminal Law, Middlesex university, Cambridge
University Press, 2015
12. Roger o Keefe, International Criminal Law, The Oxford International Law Library,
2015.
13. Philip Sands, From Nuremberg to Hague, The Future of International Criminal
Justice, University College London, 2003.
Statutes and Acts
The Rome Statute, 1998
5.0 Reading Material
Module I
Books:
Bantekas, Illias and Nash Susan, International Criminal Law, (ed.) Rout Ledge,
London,2003.
Articles
(i) Case Matrix Network, cases and material available at

https://www.casematrixnetwork.org/cmn-knowledge-hub/icc-commentary-
clicc/commentary-rome-statute/commentary-rome-statute-part-2-articles-11-21/
(ii) International Criminal Court available at
https://www.britannica.com/topic/International-Criminal-Court.
(iii) How Serious are International Criminal Law? The Gravity Problem in
International Criminal Law, Columbia Law Journal, available at:
http://jtl.columbia.edu/wp-
content/uploads/sites/4/2014/05/51ColumJTransnatlL18_How-Serious-are-
International-Crimes-The-Gravity-Problem-in-International-Criminal-Law.pdf
(iv) John Seguin, Denouncing the International Criminal Court: An Examination
of U.S. Objections to the Rome Statute, Berkeley University International
Law Journal, Vol. 18, 2000, pp. 60-95, at p. 85.
Module II
(v) Param-Preet Singh, “Narrowing the Impunity Gap: Trials before Bosnia's
War Crimes Chamber”, Human Rights Watch, February 11, 2007, available
at http:// www. hrw. org / en / node / 11032 / section / 1.
(vi) M. Cherif Bassiouni, “Mixed Models of International Criminal Justice”, The
Pursuit of International Criminal Justice: A World Study on Conflicts,
Victimization, and Post-Conflict Justice, 2010, pp. 427-28, at p. 423.
(vii) Shikhar Ranjan, “Pursuit of International Criminal Justice in Darfur: An
Overview,” AALCO Quarterly Bulletin, Vols. 1-4, 2009, pp. 47-74, at p. 49.
Module III
(viii) Michael P. Scharf, “Rome Diplomatic Conference for an International

Criminal Court, American Society of International Law”, Insights, June
1998, available at <http: // asil. org / insights / insigh20.htm>
(ix) Daryl A. Mundis, “The Assembly of States Parties and the Institutional
Framework of the International Criminal Court”, American Journal of
International Law, Vol. 97, 2003, pp. 90-140, at p. 132.
(x) Sang Hyun Song, “On the ICC’s Birthday: Give the Gift of Hope,” Daily
News, Egypt, November 12, 2012, available at http: // dailynewsegypt. Com /
2012 / 11 / 12 / on-the - iccs - birthday - give - the - gift - of – hope.
Module IV
Books
Bantekas, Illias and Nash Susan, International Criminal Law, (ed.) Rout Ledge,
London,2003.
William A. Schabas, International Criminal Law, Middlesex university, Cambridge
University Press, 2015
Roger o Keefe, International Criminal Law, The Oxford International Law Library, 2015.
Philip Sands, From Nuremberg to Hague, The Future of International Criminal Justice,
University College London, 2003.
6.0 Teaching Pedagogy
Lecture Method and case study method shall be used for the first and second module as it
includes the topics of Evolution of International Criminal Law and its Historical Background.
Fourth Module shall be discussed with the cases decided by the ICC.
The first module shall deal with the Introduction to international criminal law and discusses
general questions of State jurisdiction over international crimes. It investigates the question
whether there is a need for international criminal justice and explores the history of the
subject area, with a particular emphasis on the trial of the major war criminals at Nuremberg.
A further section is dedicated to the institutions of international criminal law that came into
existence post Nuremberg, in particular, the International Criminal Tribunal for the Former
Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal
Court, but also the so-called 'hybrid' or 'third generation' tribunals. It further deals with the
principles and sources of international criminal law today and thus investigates principles
such as 'nullum crimen sine lege'
The second module shall be discussed with the case laws and with the discussion method deal
with the contemporary international criminal justice, the structure of international crimes is
being discussed and critically assessed. That includes the principle of personal liability and
the actus reus of the crime, including the contextual element and its particular position within
the statutes of international criminal courts and tribunals today. It also includes the defences
of superior orders and duress, which have played a certain role in the application of
international criminal justice to date. It shall also include the modes of perpetration, inchoate
crimes, omissions and bars to the prosecution of international crimes.
The Third module shall be discussed with the case study and the lecture method. It shall deal
with the principal crime categories which are recognised in international criminal law today.
That includes genocide as a crime whose codification took place only in relatively recent
history. It shall further deal with the constituent elements of the crime and the question in
how far they differentiate the crime from, eg, crimes against humanity. This includes a
discussion of groups that are protected under the Genocide Convention and of the existence
of a contextual element for this crime. Further topics include the position of specific
genocidal intent (including the substantiality requirement of genocide and the concept of
'destruction'), as well as 'associated' forms of genocide (such as incitement to the crime).
The fourth Module shall discuss the Critical analysis of the International Criminal Court and
the jurisdiction of the court. It shall be discussed with the future of the ICC with the
analytical approach.
This course aims to provide an overview of international criminal law as a specific branch of
public international law. The course shall make it convenient to the students to understand the
historical background of the International Criminal Law (ICL). The need of ICL started after
the world war II. Although after the world war I "Leipzig Trials" were established and the
idea of establishment of International Criminal Court (ICC) was discussed) at the turn of the
20th Century. In so doing, considerable attention has been paid to make students understand
the theoretical and sociological foundations of international criminal justice, as well as the
political circumstances which came to bear in the establishment of a multiplicity of
international and internationalized criminal tribunals.
While seeking to understand the object and purpose of international criminal prosecutions,
the course will focus primarily on the continued development of the law relevant to the
subject-matter jurisdiction of international courts and tribunals. Specifically, the course will
examine in detail the law pertinent to war crimes, crimes against humanity, genocide and the
crime of aggression. It shall be discussing the crime of apartheid and terrorism as well. The
difference between the various tribunals like ICTY, ICTR and then Domestic tribunals and
hybrid courts shall be discussed in detail and it is critically analysed.
In order to understand the subject-matter jurisdiction of international criminal law, the critical
analyses of the selected jurisprudence from international and internationalized courtsland
tribunals shall be discussed. Having dealt comprehensively with subject-matter jurisdiction,
the course will then examine the potential modes of liability (i.e, the basis on which an
individual may be found individually responsible) which may be attached to these crimes, In
this respect, the course will look at controversial issues surrounding the notions of joint
criminal enterprise and superior responsibility. Allied to this will be consideration of the
possible grounds for excluding criminal responsibility, that is, the possible defences that may
be forwarded by accused individuals.
The course will conclude with an examination of the challenges facing international criminal
justice. In this regard, the course will look at issues such as prosecutorial discretion, the
balancing of peace with the pursuit of justice, and the central importance of the principle of
complementarity in the future development of international criminal law.
Following Assignments/Project Topics have been assigned to the students
Project Topics of Imternational Criminal Law
Semester VIII, Optional Subject
1. International Criminal Law: Meaning and Nature

2. History og International Criminal Law
3. Sovereignity of state
4. Subjects of International Law
5. Principle of Legality
6. Genocide: A case Study
7. Genocide: Definition and Analytical Study
8. Crimes Against Humanity
9. Terrorism: International Crime
10. Apartheid : International Crime
11. Torture International Crime
12. The Nuremberg and Tokyo Tribunal: A Study
13. The ICTY and ICTR: Similarities and Differences
14. The International Criminal Court: A Critical Analysis
15. Domestic Court of Sierra Leona
16. The Iraqi Special Tribunal for Saddam Hussain
17. Individual Criminal Responsibility under ICL
18. Modes of Participation of ICL
19. Grounds for Excluding Criminal Responsibility under ICL
20. ICC: Jurisdiciton and Admissibility

 All students shall carry The Rome Statute
Teaching Schedule
of
Humanitarian and Refugee Law
for
Session 2022-2023
Paper (Optional)
Compiled by:
Dr. Ishita Sharma
TABLE OF CONTENTS
1. Preface/ 3
2. Objectives of the Course 4-5
3. Syllabus 5-6
4. Tentative Teaching Schedule 6-8
5. Reading Material 10-15
6. Teaching Pedagogy 15-17
7. List of Assignments/Projects 17-19
1.0 PREFACE
Conceptually, there exists a symbiotic relationship between refugee law and humanitarian law.
The genesis of both the disciplines lies in the salvaging persons’ who have become victims of
atrocities of their own state. Both the disciplines underlie situations where the state becomes the
enemy of its own citizens’. Then arises the need to address the protection of persons in the
hands of a state of which they are not nationals. International human rights law specifically
addresses the concerns of individuals’ who are victims’ of atrocities inflicted by their parent
state. With the passage of time, international human rights law and humanitarian law have
come to share a close space and the boundaries separating them are diminishing. Apart from
encapsulating basic human rights’ concepts, humanitarian law extends to non-international
armed conflicts as well.
The transition of geopolitical situation from unipolar to bipolar to a multipolar world since the
end of Cold War has brought the problem of refugees, their movements, forced displacements
to the fore. Although these problems are not novel, with their deliberations and discussions
resulting in the entering into force of Organisation of African Unity (hereinafter referred to as
OAU) Convention of 1969 as well as the Cartagena Declaration on Refugees. But these came
into existence as regional level convention. The global scale of these problems wasn’t
acknowledged till then. But the current developments in the form of Holocaust, the Syrian
crisis, the Rohingya crisis, the Romas, Russia-Ukraine war highlight the global magnitude of
these phenomenas.
The compilation and analysis of legal standards relevant to internally displaced persons,
drawing on international human rights law, international humanitarian law and refugee law (by
analogy, since by definition it only applies directly to those outside the borders of their own
country), and the 1998 Guiding Principles on Internal Displacement were a breakthrough in
recognizing the importance and value of seeing the relationship between these three branches of
international law and drawing on the strengths of each. The same has yet to be achieved for
refugees, although an interesting example of an early linkage was UN General Assembly
resolution 33/165 in 1978. This gave quasi-refugee status to those who had to leave South
Africa because of their refusal to enforce the apartheid system by serving in the South African
military or police forces. (The resolution is known as the CO/Apartheid Resolution and is
phrased in general terms but this was its raison d’être.) In 1989, the Convention on the Rights
of the Child became the first human rights treaty to explicitly include international
humanitarian law and refugee law. However, the further tendency within the human rights
movement to segregate children from mainstream human rights has meant that the Convention
has not yet been as effective a springboard as it might have been.
The current course specifically addresses the issues outlined above, going into the
contemporary developments that have specifically taken place in this area of international law.
2.0 OBJECTIVE OF THE COURSE
This course is divided into two parts – Humanitarian Law and Refugee Law. Humanitarian law
consists of five topics, its aim remains on the development of International Humanitarian law
and protection of victims of armed conflict. Further, it discusses the rules on legality of warfare
(jus ad bellum), but the main emphasis is on the rules that are to be followed when the armed
conflict is going on (jus in bello). Apart from this, an analysis of the jurisprudence developed
by the international criminal tribunal leading to the development of principles of IHL and its
ability to cope up with upcoming challenges has been undertaken. Refugee law relating to
Refugees divided into five topics, delineates the conceptual dimensions of refugees and various
international instruments relating to the status of refugees including the United Nations 1951
Refugee Convention, the 1967 Protocol and the UN High Commission for Refugees (UNHCR).
This apart, an analysis of the standard treatment of refugees in India and the role of National
Human Rights Commission and Judiciary in interpreting and protecting the rights of refugee in
India has been discussed.
On completion of this course, the students will be able to
 The students will be able to understand and explain the nature, scope, importance and
basic principles of humanitarian and refugee law in India with current developments
 The students will be able to analyze the social, historical and legal developments on
humanitarian and refugee law in India vis-a-vis international developments in the field
 The students will be able to understand and appreciate the structure, functioning and
jurisprudence of courts in India on refugee issues
 The students will be able to able to critically evaluate and formulate arguments (oral
and written) towards pressings issues and contemporary developments in humanitarian
and refugee law and policy
3.0 SYLLABUS
CONTENTS
MODULE I
1. Origin, Nature and Definition of International Humanitarian Law (IHL)

2. Sources and Basic Principles of IHL
3. Relationship between IHL and International Human Rights Law
4. Difference between international armed conflict and non-international armed
conflict
5. IHL AND UN Peacekeeping Operations
MODULE II
1. Protection of Prisoners of War : Third Geneva Convention Relative to the

Treatment of Prisoners of War, Additional Protocol I of 1977
2. Protection of Women and Children in armed conflict
3. Limitations and Prohibition on Means and Methods of Warfare
4. Protection of Combatants and Non Combatants under IHL
5. Concept of Minimum Humanitarian Standard : Turku Declaration
MODULE III
1. State Obligations in the Peace and during Armed Conflict

2. Fact Finding Commission and its role and obligations
3. Concept of War Crimes under Military Tribunals ( Nuremberg and Tokyo,
International Criminal Tribunal for the Former Yugoslavia and International
Criminal Tribunal for Rwanda)
4. International Criminal Court (ICC) : Establishment and Composition
5. Jurisdiction of ICC and Admissibility of cases before ICC
MODULE IV
1. Origin, Development and Purpose of the Red Cross and Red Crescent Movement
2. The Red Cross Movement and its Principles and their contribution for the protection
of human rights
3. Role of International Committee of Red Cross and UN Agencies for protection of
human rights
4. Refugee Protection in India
5. Status of Refugees in India
4.0TENTATIVE TEACHING SCHEDULE
MODULE CONTENTS NO. OF

LECTURES
2
Origin, Nature and Definition of International Humanitarian
Law (IHL)
1
Sources and Basic Principles of IHL
2
Relationship between IHL and International Human Rights
MODULE I
Law
1
Difference between international armed conflict and non-
international armed conflict
IHL AND UN Peacekeeping Operations 1
Total- 7
MO
DU
2
LE
II
Protection of Prisoners of War : Third Geneva Convention

Relative to the Treatment of Prisoners of War, Additional
Protocol I of 1977
Concept of Minimum Humanitarian Standard : Turku

Declaration
2
Protection of Women and Children in armed conflict
2
Limitations and Prohibition on Means and Methods of
Warfare
Protection of Combatants and Non Combatants under IHL

2
Concept of Minimum Humanitarian Standard : Turku 2

Declaration
Total- 10
2
State Obligations in the Peace and during Armed Conflict
2
Fact Finding Commission and its role and obligations
MODULE III
1
Concept of War Crimes under Military Tribunals (
Nuremberg and Tokyo, International Criminal Tribunal for
the Former Yugoslavia and International Criminal Tribunal
for Rwanda)
1
International Criminal Court (ICC) : Establishment and
Composition
Jurisdiction of ICC and Admissibility of cases before ICC

3
Total- 9
1
Origin, Development and Purpose of the Red Cross and Red
Crescent Movement
2
The Red Cross Movement and its Principles and their
contribution for the protection of human rights
MODULE IV
2
Role of International Committee of Red Cross and UN
Agencies for protection of human rights
1
Refugee Protection in India
Status of Refugees in India 1
Total- 7
5.0 READING MATERIAL
Journal of International Law
181
13. Rajeev Dhawan, Refugee Law and Policy in India PILSARC, pp 32 to 79
(2004)
206
14. Dabiru Sridhar Patnaik; Nizamuddin Ahmad Siddiqui, Problems of Refugee
Protection in International Law: An Assessment through the Rohingya
Refugee Crisis in India, 14 Socio-Legal Rev. 1 (2018) p. 2 to 29
Case Laws
1. Nicaragua v. United States of America) [1986] ICJ

2. Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory (Advisory Opinion) 2004
3. The Prosecutor v Duško Tadić (Jurisdiction) International Criminal
Tribunal for the Former Yugoslavia (ICTY) [1995]
4. Rev. Mons. Sebastian Francisco Zavier Dos Remedious Monterio
v. State of Goa reported in MANU/SC/0140/[1969].
5. National Human Rights Commission v. State Of Arunachal

Pradesh & Another, 1996 AIR 1234, 1996 SCC (1) 742
6. State Of Arunachal Pradesh v. Khudiram Chakma, 1994 AIR 1461,
1993 SCR
7. Sarbananda Sonowal v. Union of India (2005) SCC 665
UN Resolution
United Nations Security Council resolution (UNSC Res 1540), ‘Non-

proliferation of weapons of mass destruction’ (28 April 2004) UN Doc
S/RES/1540 (2004).
Suggested Readings
1. Marco Sassòli, et al, How does law protect in war? Outline of

International Humanitarian Law, Vol. I, 3rd ed. ICRC
2. ICRC, Summary of the Geneva Conventions of 12 August 1949 and their
Additional
Protocols (Second Edition, 2012)
3. Andrew Clapham and Paola Gaeta, The Oxford Handbook of International
Law in Armed Conflict (Oxford University Press 2014)
4. Robert Kolb, Advanced Introduction to International Humanitarian Law,
[chapter on International International Armed Conflict and Non- International
Armed Conflict] (Edward Elgar 2014) pp 22 to 47
5. Theodor Meron,# The Martens Clause, Principles of Humanity, and Dictates
of Public Conscience , The American Journal of International Law, Vol. 94,
No. 1 (Jan., 2000), pp. 78-89
6. Lindsay Moir, “The Historical Development of the Application of
Humanitarian Law in Non-International Armed Conflicts to 1949”, Vol. 47
International and Comparative Law Quarterly 337-61 (1998)
7. Neeru Chadha, Protection Of Cultural Property During Armed Conflict:
Recent Developments, ISIL Yearbook of International Humanitarian &
Refugee Laws, vol. 1, (2001)
8. Manoj Kumar Sinha, “Protection of Environment During Armed Conflicts: A
Case Study of Kosovo” ISIL Yearbook of International Humanitarian &
Refugee Laws, vol. 1, 2001, pp. 230-250.
9. Francis Grimal and Jae Sundaram, Combat Drones: Hives, Swarms, and
Autonomous Action? Journal of Conflict & Security Law , Oxford University
Press page 105 to 135 (2018)
10. Parvathi Menon ,International Crimes Tribunal in Bangladesh, Max Planck
Institute Luxembourg. Department of International Law and Dispute
Resolution, p 1 to 15 (2016)
11. Benarji Chakka, Evolving International Criminal Jurisprudence through Ad
hoc International Criminal Tribunals: A case study of ICTY ISIL Yearbook of
International Humanitarian and Refugee Law
12. V.S Mani, ‘Effectuation of International Law in the Municipal Legal Order :
The Law and Practice in India’ (1997) 5 Asian Year Book of International
Law
13. Antonio Cassese et al., The Rome Statute of the International Crminal Court:
A commentary (Oxford University Press 2002)
14. B.S Chimni, ed. International Refugee Law: A Reader (2000)
15. Ilias Bantekas, International Criminal Law, 4th ed., Oxford and Portland
Oregon, 2010.
16. Usha Ramanathan, Combating Impunity, A compilation of the Articles on the
International Criminal court and its relevance to India, Women’s Research &
Action Group, April 2003.
17. William A. Schabas, An Introduction to the International Criminal Court,
Cambridge University Press (2012).
18. Guy Goodwin-Gill and Jane McAdam, The Refugee in International Law
(2007)
19. James C. Hathaway, The Rights of Refugees Under International Law (2005)
6.0 TEACHING PEDAGOGY
An interactive approach during the course of learning shall be applied (Students are supposed
to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-
voce). The main tools of teaching may be summarized as under:
 Lectures (PPT’s) with Question and Answer Sessions
 Video lectures
 Case Law Analysis
 Class Room Participation
 Class Tests/Quizzes (Graded/Ungraded)
 Discussion forums
 Blogs
 Documentaries and Films
7.0 LIST OF ASSIGNMENT/PROJECT TOPICS
The list shall be finalised after discussion with the students.
8.0 INSTRUCTIONS TO STUDENTS

The students are expected to cover the syllabus of the subject from the course material
provided to them during the course, which shall not be exhaustive on the same. Concepts,
case-laws and issues discussed in the class too will form the core component of the syllabus
on which the students will be tested in the examination.
 The above teaching schedule is tentative and is subject to change as per the need and
 The list of judgments recommended is only illustrative and new judgements may be
added to it during class-room discussion.

Rajiv Gandhi National University of Law, Punjab

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Rajiv Gandhi National University of Law, Punjab

(Established by Punjab Act No. 12 of 2006)

Objectives of the Course

The objectives of the course are to:

After studying the course, the students will be able to:

JUDGEMENT COMPONENTS, COMPENSATION, VICTIM COMPENSATION

SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION: SECTIONS 366-371.

APPEAL-WHO CAN FILE APPEAL, TYPES OF APPEAL, FORUM OF APPEAL:

POWERS OF APPELLATE COURT, EVIDENCE BY APPELLATE COURT,

REFERENCE AND REVISION: SECTIONS 395 - 405

TRANSFER OF CRIMINAL CASES: SECTIONS 406 - 412.

EXECUTION OF SENTENCES-DEATH SENTENCE, LIFE IMPRISONMENT,

SUSPENSION, PERMISSION AND COMMUTATION OF SENTENCES: SECTIONS

DISPOSAL OF PROPERTY: SECTIONS 451 - 459.

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS: SECTIONS

GENERAL PROVISIONS AS TO INQURIES AND TRIALS: SECTIONS 300-327.

IRREGULAR PROCEEDINGS: SECTIONS 460 - 466

INHERENT POWERS OF HIGH COURT: SECTION 482

SECURITY PROCEEDING: SECTIONS 106 - 124

RELEASE ON PROBATION OF GOOD CONDUCT

JUVENILE JUSTICE (CARE AND PROBATION OF CHILDREN) ACT, 2015 –

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

OFFENCES AFFECTING THE ADMINISTATION OF JUSTICE: SECTIONS 340-352.

⮚ CK Thakker- Criminal Procedure

⮚ 154th Report on the Code of Criminal Procedure

Judgement Components, Compensation, Victim Compensation Scheme, Treatment Of

Outline of the Topic

● Modes of pronouncement of Judgment

● Anil Rai v. State of Bihar, AIR 2001 SC 3173

Outline of the Topic

● Submission of death sentence for confirmation

● K. Govindaswami Pillai v. Govt. of India AIR 1986 Mad 204

APPEAL-WHO CAN FILE APPEAL, TYPES OF APPEAL, FORUM OF APPEAL:

Outline of the Topic

● Appeal as a statutory right

● Durga Shankar Mehta v. Raghuraj Singh AIR 1954 SC 520

POWERS OF APPELLATE COURT, EVIDENCE BY APPELLATE COURT,

Outline of the Topic

● Surya Baksh Singh v. State of U.P. (2014) 14 SCC 222

REFERENCE AND REVISION: SECTIONS 395 TO 405

Outline of the Topic

● Reference to high court a question as to validity of any provision, regulation etc.

● N. Dhakkal v. James Basnett 2001 (10) SCC 419

TRANSFER OF CRIMINAL CASES: Sections 406 to 412.

Outline of the Topic

● Power of Supreme Court to transfer cases and appeals

● K. Anbazhagan v. Superintendent of Police and Ors. Etc. (2004) 3 SCC 767

EXECUTION OF SENTENCES-DEATH SENTENCE, LIFE IMPRISONMENT,

Outline of the Topic

● Execution of death sentence confirmed by High Court under section 368

SUSPENSION, PERMISSION AND COMMUTATION OF SENTENCES: Sections 432

Outline of the Topic

● Procedure to suspend or remit sentences

● Union of India v. V. Sriharan (2016) 7 SCC 1

DISPOSAL OF PROPERTY: Sections 451 to 459

Outline of the Topic

● ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS:

Outline of the Topic

IRREGULAR PROCEEDINGS: Sections 460 to 466

Outline of the Topic

● Irregularities which do not vitiate proceedings

● Joshi Purshottam Jethanand v. State of Kutch AIR 1954 SC 700