Indian Penal Code—II Syllabus (Monsoon Semester 2023) Course Objective: ‘After having a fair idea about the principles of criminal law in the paper titled Indian Penal Code-I, the students are expected to understand the substantive crimes as defined in the Indian Penal Code of 1860, and other special legislations along with the judicial interpretation of the same. Penal laws of a country embody those acts or omissions which are prohibited and punished by the State and often reflect the societal attitude towards these acts of commission and omission. As the society changes, the aspirations and hopes of its constituents also change, thereby requiring a change in the laws. It is desirable that the laws which were set in a society which was not free by any modern standard of freedom, are reviewed and suitable changes are made in criminal laws so that it keeps pace with the SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC. Students shall be encouraged to test the substantive criminal laws on the touch stone of constitution and suggest changes where required. Case discussions, a stimulating comparative study of substantive crimes in other common Jaw jurisdictions particularly the England and the, U.S., project writing and project presentation shall form the essential component of teaching and evaluation Learning Outcome: ~ At the end of the course the students should: 1+ Understand the nature of erimes in India 2. Know the recent trends in crime4+ Appreciate the efficacy or inefficiency of the penal laws in dealing with the modem criminal phenomenon Tike terrorism, cyber crimes, economic offences etc 4 Be able to argue criminal cases effectively withthe help of recent case laws Course Content Unit I: Offences against the State & Economy (10 classes) (A) War against government of India, Terrorism &Sedition 1 The concept of offences against the state under IPC. 2. Terrorism: Past experiences and present challenges. 3+ Comparative study of the law relating to sedition in India and England wi respect to their content and scope. 4. The constitutionality of Sec. 124A, IPC-contemporary discourses. (B)- Economic Offences 1- Nature of Economic offences: Requirement of mens rea Offences related to coins, stamps, currency and bank notes. 3. Need fora separate Economic Offences Code? Unit I: Offences affecting Life and Limb a (14 classes) 1. Culpable homicide and murder under IPC and English Law. 2- Hurt grievous hurt and acid attack: Recent Developments. 3- Kidnapping and Abduction.4- Human Trafficking: Recent developments. Unit Ill: Sexual and Non-sexual offences against women (10 classes) 1- Offences against women: Sociological perspective. / 2- Dowry death under IPC and the Dowry Prohibition Act, 1961 3 Cruelty against women: IPC and the Protection of Women from Domestic Violence Act, 2006. 4. Sexual offences in India: The Legislative framework and Judicial Response Unit IV: Offences relating to property (10 classes) 1- Types of offences relating to property. 2- ‘The jurisprudential analysis of the offence of theft under IPC. 3. Theft: a comparative study of Indian and English law. 4- Cheating, breach of trust and criminal misappropriation of property. 5- Violent property offences viz. extortion, robbery and dacoity, Unit V: Agenda for reform (3 classes) 1- The debate and its direction. 2. Identifying the grey areas and suggestions for reform in IPC.COURSE CONTENT B.A. LL.B. (Hons.), Semester: V",Session 2022-2023 JURISPRUDENCE UNIT — I: Jurisprudence: Nature, Scope, Definition and Significance Jurisprudence and Legal Theory Definition of Jurisprudence Jurisprudence: Science or Philosophy’? ‘Ought’ Law ‘Is’ Law UNIT - Il: Analytical Positivism Central Claims of Analytical Positivism Jeremy Bentham’s theory of Law Utilitarianism John Austin’s theory of Law H.L. A. Hart's Concept of Law Hans Kelsen’s Pure theory of Law UNIT — 111: Historical and Sociological School of Law Historical Schoo! co Karl Von Savigny’s theory of Volksgeist ‘© Henry Maine's Comparative Historical Jurisprudence Sociological Schoo! ‘© Roscoe Pound's theory of Social Engineering UNIT — IV: American Realism Oliver Wendell Holmes Jerome Frank Rule Skepticism and Fact Skepticism UNIT - V: Natural Law School & Legal Rights pv NayseRe Early Greek Period Dark Age Reformist Phase — Thomas Acquinas Social Contract and Modern Natural Law Definition, Characteristics and kinds of Legal Rights “REFERENCES: Jurisprudence by Dias Jurisprudence by Llyod Jurisprudence by Paton Jurisprudence by Salmond Province and Function of Law by Julius Stone Jurisprudence by Wayne Morrison Jurisprudence by S. N. Dhyani (Indian Perspective)B.A. LL.B. (Hons.) Vth Semester (Session 2022-23) ADMINISTRATIVE LAW NIT-I: INTRODUCTION > Meaning, Definition, Scope and significance of Administrative Law > Evolution and Development of Administrative Law > Basic Principles of Administrative Law: -Rule of Law and Theory of Separation of Power > Administration and the principles of the Constitution UNIT-Il: DELEGATED LEGISLATION > Meaning, Nature, Kind and Growth of Delegated Legislation > Restraint on delegation of Legislative Power > Control Mechanisms of Delegated Legislation: - Parliamentary, Procedural and Judicial Control > Sub-Delegation ~ Legislative, Judicial UNIT-IL: PRINCIPLES OF NATURAL JUSTICE > Concept, Evolution and Importance of Principles of Natural Justice > Nemojudex in causasua (Rule against Bias) > Audi AlteramPartem (Rule of Fair Hearing) > Reasoned Decision (Speaking Order) > Exceptions to Natural Justice > Effect of Non- Observance of the Principles of Natural Justice UNIT-IV: ADMINISTRATIVE DISCRETION Meaning of Discretion, Judicial Review of Conferment and Exercise of Discretionary Power Judicial Review of Administrative Action, Grounds of Judicial Review:- Abuse of Discretionary Power Doctrine of Legitimate Expectation Doctrine of Public Accountability Doctrine of Proportionality ‘Writ Jurisdiction:-Power of Judicial Review of Supreme Court and High Courts UNIT-V: ACCOUNTABILITY OF GOVERNMENT AND CITIZENS’ RIGHTS Central Vigilanee Commission Tribunal System in India Right to Information Act, 2005 Ombudsman- Lokpal and Lokayukta w Regulatory Authorities Whistleblower Protection Law REFERENCES:- 1, Griffith and Street: Principles of Administrative Law. 2. LP. Massey: Administrative Law, Eastern Book Company. 3. De Smith: Judicial Review of Administrative Action, Sweet and Maxwell. 4. S.P. Sathe: Administrative Law, Butterworths. 5. Jain and Jain: Principles of Administrative Law, Wadhawa Publication, Nagpur. vVVVVV vvvvvV\._SW.R. Wade: Administrative Law, Oxford Publications, London. - Justice P.N. Banerjee, Judicial Control of Administrative Action, Lexis Nexis, 8. M2. Jain: Cases and Materials on Administrative Law (1996), Vol. I, Wadhawa, Nagpur 9. CK Takwani: Lectures on Administrative Law, Sixth Edition, Eastern Book Company Prepared by: ie Dr. Rajneesh Kumar Yadav and Dr. Manoj KumarSyllabus of B.A. LL.B. (Hons. Fifth Semester, Section -A & B CRIMINAL PROCEDURE CODE Course Content UNIT-L 1. Object and scope of Cr.P.C. 2. Definitions (Sections-2a,b,c,d,g,h,l,,u,wywa and x Cr.P.C.) 3. Funetionaries under the Cr.P.C. and their powers 4. Constitution and Hierarchy of Criminal Courts and their powers Unit- Initiation of Proceeding, Arrest, Investigation and Trial |. Initiation of proceeding, F.LR, Information to the Police and their Powers to Investi 2. Arrest and Rights of Arrested Persons 3. Charge 4, Pre-Trial and Trial Proceedings Unit-11 Bail, Sentencing and Probation 1. Bail: Concept, Purpose & General Provision, Anticipatory bail 2. Execution, Suspension, Remit Commutation of Sentences 3. Probation: Definition, Powers and Duties Of Probation Officers! Courts jon and Unit-1V Judgment and Appeal, Revision, Reference 1. Modes of providing Judgment 2. The rationale of Appeal, Review Revision. 3. Compensation 1. Plea Bargaining 2. Victim Protection and Participation, Rights of the victim 3. Maintenance Proceedings under Code of Criminal Procedure ae (Dr. Prem Kumar Gautam) Assistant Professor DrR.M.LN.L.U, Lucknow Dr. Prem Kumar GautamPage 1References: Ratanlal & Dherajlal: Code of Criminal Procedure Sexena RN, Criminal Procedure Kelkar RV: Outline of Criminal Procedure Code Tondan MP.: Criminal Procedure Code Paranjape: Law Relating to Probation of Offenders Mishra S.N. Code of Criminal Procedure Ganguly: Criminal Court, Practice and Procedure Sarkar: Criminal Procedure D.D. Basu Code of Criminal Procedure K.N. Chandrasekharan Pillai: R.V, Kelkar’s Criminal Procedure ‘Chandrasekharan Pillai Ed. Kelkar’s Outline of Criminal Procedure (2001) Eastern, Lucknow Report of the Committee on Reforms of Criminal Justice System ee (Dr. Prem Kumar Gautam) Assistant Professor DrRMLNLU, Lucknow ——— eS Dr. Prem Kumar GautamPage 2LAW OF EVIDENCE UNIT-I Introduction- Distinction between substantive and procedural law; Conceptions of evidence in classical Hindu and Islamic Jurisprudence; Evidence in customary law systems (Non-state law); Introduction to the British ‘Principles of Evidence’; Salient features of the Indian Evidence Act, 1872 (IEA); Applicability of the IEA; Legislations dealing with evidence (other than the IEA) with special reference to CPC, CrPC, Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws. Central Conceptions in Law of Evidence - Facts - Facts in issue and relevant facts; Evidence- Circumstantial and direct evidence; Presumptions, proved, disproved, not proved; Witness- Appreciation of evidence. Relevancy of Facts- Facts connected with facts in issue-Doctrine of Resgestae- Sections 6, 7, 8 and 9 of IEA; Evidence of Conspiracy- Section10; Relevancy of otherwiseirrelevant facts; Facts to prove right or custom (Section 13); Facts concerning state of mind/state of bodyor bodily feelings (Sections 14 and 15). Relevancy and admissibility of admissions, privileged admissions- evidentiary value of admissions(Sections 17 to 23). UNIT-IL Relevancy and admissibility of confessions- Admissibility of information received from an accusedperson in custody- Confession of co-accused (Sections 24 - 30); Admitted facts need not be proved Section 58); Dying declaration- Justification for relevance- Judicial standards for appreciation ofevidentiary value-Section 32 (1) compared with English Law; Other statements by persons who cannotbe called as witnesses- [Sections 32(2) - 32 (8), 33] Statement under special circumstances (Sections 34-39). ~ Relevance of judgments- General principles - Fraud and collusion (Sections 40- 44).Expert testimony- General principles - Who is an expert- Types of expert evidence ~ Problems ofjudicial defence to expert testimony (Sections 45- 50). UNIT-IIl Character evidence- Meaning - Evidence in Civil & Criminal cases (Sections 52-55).Oral and documentary Evidence - General principles concerning oral Evidence (Sections 59- V)60);General principles concerning documentary Evidence (Gections 61-90).Electronic Evidence- conditions of admissibility (Sections 654-65B). General principles regarding exclusion of oral by documentary evidence (Sections 91-100). UNIT-IV ? Burden of Proof- The general conception of onus probandi (Section 101); General and specialexceptions to onus probandi (Sections 102-106). The justification of presumption and burden of proof-with special reference to presumption to legitimacy of child, presumption as to Dowry Death andpresumption as to certain offences of rape; Doctrine of judicial notice and presumptions (Sections 107-114). UNIT-V Witness, Examination and Cross Examination- Competence to testify (Sections 118 - 120); Privilegedcommunications (Sections 121 -128); General principles of examination and cross examination(Gections 135 to 166); Leading questions (Sections 141- 145); Approver's testimony (Section 133); Hostile witnesses (Section 154); Compulsion to answer questions (Sections 147, 153); Questions ofcorroboration(Sections 156-157). Judge’s power in bringing out truth (Section 165).lmproper admission of evidence (Section 167). Readings: 1. Batuklal - Law of Evidence 2. Bentham on Evidence 3. Stephen on Evidence 4, Sarkar - Law of Evidence (Vol. I & Il) 5, 6. Ratanlal and Dhirajlal - Law of Evidence (Vol-I & I) 7. Ram Jethmalani & Chopra- Law of Evidence (Vol-I & Il) rolSyllabus: B.A., LL.B. SEMESTER V (2017-18) Property Law- I ‘The Law of Property in India aims to regulate transactions of corporeal property between parties by their own. act. The law on the subject is contained in various enactments viz. The Transfer of Property Act, 1882; Trusts Act, 1882; Easements Act, 1882, Registration Act, 1908, Specific Relief Act, 1963 and Stamp Act, 1899, the most important being the Transfer of Property Act, 1882. Before the above enactments the transfer of immovable property is governed by the Principles of English Law and Equity, therefore the conceptual understanding of property and transfer of property, both at law and in equity, shall be covered during the discussions. In order to understand the subject holistically the provisions of other allied enactments shall be discussed when and where required. In Property Law, discussions shall be made on the general jurisprudence of Property including the protection of right to property under the Indian Constitution, on the General Principles of Transfer of Property, Rules of Perpetuity, Accumulation, Interests in Property, Conditional transfer, Election, Easement et al. A general idea of Registration and payment of Stamp Duty under relevant Acts shall also be mentioned, Unit-1 - Jurisprudence of Property © Concept of Property ‘+ Ownership & Possession ‘+ Kinds of Property ‘+ Jurisrudential Theories of Property ‘¢ Right of Property under Constitution of india ‘* Registration and Stamping of instruments ~ General Principles of Transfer of Property ‘© Essentials of transfer ‘* What may be transferred ‘+ Who may transfer # Rules relating to transfer of Property ~ Rules of Perpetuity and Interest © Transfer to an unborn person and Rule against Perpetuity ~ © Doctrine of Cy-pres © Direction for accumulation © Vested and contingent interest * Conditional Transfer, Conditon precedent, condition subsequent. ye \~ iO sRight to Election Apportionment Specific Rules regarding transfer of immovable property ‘© Transfer of ostensible owner © Feeding the grant by estoppel * Transfer by non-owner & co-owners. is pendens © Fraudulent transfer ‘© Part Performance jt-S- Easement and Prescription * Nature, Creations, Extincition, Riparion Rights, Licenses,Use- right by prescription. * Provisions of Easement Act, 1882 ist of Books 1. James Penner and Henry Smith, Philosophical Foundations of Property Law, Oxford Scholarship Online, Jan 2014, 2. FH. Lawson and Bernard Rudden, The Law of Property, Oxford University Press, 2002 (Online 2012) 3. Mulla, The Transfer of Property Act, Lexis Nexis. 4. S.N. Shulka, Transfer of Property Act, ALA 5. Dr. Poonam Pradkian Saxena, Property Law, Lexis Nexis 6. Dr. AP. Singh, Ashish Kumar Srivastava, Property Laws, Lexis Nexis. 7. Dr. Hepburn $J., Principles of Property Law, Routledge Cavendish, Oxon & New York. 8. Alison Clarke & Paul Kohler, Property Law. Commentary and Material, Cambridge University Press.