Course Manual

for

Criminal Procedure Code

taught by

Anubhav Raj Shekhar Konina Mandal

Swati Singh Ashiv Choudhary
Arushi Bajpai Nimmy Saira Zachariah
Vaibhav Chadha Mili Baxi
Nikunj Kulshreshtha Sandeep Suresh
Malika Galib Shah Bedasruti Das

Spring 2024

(Academic Year 2023 - 24)

 Contents

General Information............................................................................................................2

Course Description..............................................................................................................3

Course Aims.........................................................................................................................3

Intended Learning Outcomes.............................................................................................4

Grading of Student Achievement........................................................................................4

Keyword Syllabus................................................................................................................6

Course/Class Policies..........................................................................................................6

Weekly Course Outline........................................................................................................8

Lecture Readings.................................................................................................................9

1
 PART I

General Information

This manual contains the official record of the general information on ‘Criminal
Procedure Code’ offered by Jindal Global Law School in the academic year 2023-24. The
information in this manual is provided by the Course Coordinator.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst 1 st or 2nd year
Law students for BA LLB (Hons), BBA LLB (Hons); BCom. LLB (Hons), BA (Hons)
Legal Studies, BA (Hons) Criminology & Criminal Justice; LLB; and LLM courses if
necessary.

Course Title Criminal Procedure Code

Course Code L-CT-0007

Course Duration One Semester

No. of Credits 4

Level of Study Undergraduate

Medium of Instruction English

2
 PART II

Course Description

This course is meant to be a basic yet wide-ranging overview of the general criminal
procedural law in India. The Code of Criminal Procedure 1973 (CrPC) is the legislation which
underpins the administration of our criminal justice-and-legal system. Yet so, this course is
not an exhaustive scrutiny of the Code even though the course title as prescribed by the Bar
Council of India signals otherwise. The doctrine evolved by the courts, which has redefined
several core statutory provisions, would be the main source to understand the procedures and
principles to be followed by the police, courts, counsels, and other stakeholders when a crime
has been committed or is suspected to have been committed. Starting from the filing of a FIR
to the investigation of the crime and thereafter, to the trial and judgment, students will be
provided a critical insight into the core of India’s criminal procedural law.

Important Note: Currently, we are shifting to a legal system which would be regulated by
the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). Note that the new law would take
significant time to fully entrench itself in our legal system for multiple reasons. Therefore, in
this transitional semester, the BNNS’s minutiae would not be comprehensively discussed.
Nevertheless, at relevant checkpoints during the discussions, this course would update you
about the incoming changes and deliberate their potential legal and social implications.

Course Aims

Generally, this course aims to familiarize the students with procedural aspects of criminal law,
thereby creating a sound conceptual framework for studying substantive criminal law. By the
end of the course, the students should be able to:

 Demonstrate sufficient understanding of principles that underlie India’s criminal

procedural framework.
 Apply the relevant statutory provisions and legal principles in real-life cases.
 Identify and critically analyze the gaps, controversies, and tensions in the law using both
practical and theoretical perspectives.
 Develop the ability to understand the inter-connectedness between various statutory
provisions amongst themselves as well as with the relevant case law.

3
 Intended Learning Outcomes

Learning Weight Teaching & Learning Assessment Tasks

Outcomes Activities

Identify the key Discussion-oriented Students will be tested

concepts, rules, and
issues of criminal 50%
procedural law and
apply the relevant
case law.
lectures will be delivered
on each topic. Before every
class, students are
expected to read the
essential reading
materials.
on the topics covered
in the lectures by way
of a closed-book end-
term examination.

sGather a critical Each teacher will curate Students will be tested

understanding of specific pedagogical and on their knowledge of
the current learning methods such as criminal procedural
controversies in 50% tutorials, essay writing or law, understanding of
criminal procedural drafting exercises to help the course, their
law and train the the students to achieve the analytical skills,
ability to apply outcome. presentational skills,
applicable statutory teamwork, oratory
provisions in skills, written skills,
practice. participation, etc.

Grading of Student Achievement

To pass this course, there are two requirements. First, students must cumulatively (internal +
external assessments) obtain at least 40 marks out of 100. Second, in the end-semester
examination which will carry 50 marks, students must obtain a minimum of 15 marks. The
details of grades as well as the criteria for awarding such grades are provided below:

Grade Marks % Grade Definitions

Outstanding work with strong evidence of
O 80 and Outstanding knowledge of the subject matter, excellent
above organizational capacity, ability to synthesize,
critically analyse, and originality in thinking
and presentation.

Sound knowledge of the subject matter,

4
 A+ 75 to 79.75 Excellent thorough understanding of issues, and ability
to synthesize critically and analyse.

Good understanding of the subject, ability to

A 70 to 74.75 Good identify issues and provide balanced solutions
to problems and good critical/analytical skills.

Adequate knowledge of the subject matter to go

A- 65 to 69.75 Adequate to the next level of study and reasonable
critical/analytical skills.

Limited knowledge of the subject, irrelevant

B+ 60 to 64.75 Marginal use of materials, and poor critical/analytical
skills.

Poor comprehension of the subject; poor

B 55 to 59.75 Poor analytical skills, and marginal use of relevant
materials.

“Pass” in a pass-fail course indicative of at least

B- 50 to 54.75 Pass basic understanding of the subject.

New Grades and Definitions

Grade
Grade Marks % Interpretation
Points
Pass 1: Pass with basic understanding of the subject
P1 45 to 49 2 matter.

Pass 2: Pass with rudimentary understanding of the

P2 40 to 44 1 subject matter.

Fail: Poor comprehension of the subject; poor critical

skills and marginal use of relevant materials. Will
F Below 40 0
require repeating the course.

PART III

5
 Keyword Syllabus

Models of Criminal Procedure, FIR, Cognizable Offence, Non-cognizable Offence,

Investigation, Arrest, Bail, Warrant, Summons, Search and Seizure, Statements during
Investigation, Custody and Remand, Chargesheet, Protest Petition, Criminal Complaint,
Cognizance, Committal, Framing of Charges, Trial, Right against Self-Incrimination,
Judgment, Sentencing, Magistrates and Sessions Court.

Course/Class Policies

Cell Phones, Laptops and Similar Gadgets: Usage for academic purposes may be permitted as
per the teacher’s discretion.

Relevant Course Materials

1. Bare Act of CrPC 1973

2. Bare Act of BNSS 2023

NOTE: Keep in mind the Examinations Office’s instructions regarding acceptable bare Acts for end-term
examinations.

3. Suggested textbook: KN Chandrasekharan Pillai, RV Kelkar’s Criminal Procedure (Latest

ed)

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even
our own ideas demand an acknowledgement of the sources and processes through which
those ideas have emerged. Thus, all ideas must be supported by citations. All ideas borrowed
from articles, books, journals, magazines, case law, statutes, photos, films, paintings, etc, in
print or online, must be credited with original source. If the source or inspiration of your idea
is a friend, a casual chat, something that you overheard, or heard being discussed at a
conference or in class, even they must be duly credited. If you paraphrase or directly quote
from a web source in the examination, presentation or essays, the source must be
acknowledged. The university has a framework to deal with cases of plagiarism. All forms of
plagiarism will be taken seriously by the University and prescribed sanctions will be imposed
on those who commit plagiarism.

6
Disability Support and Accommodation Requirements

JGU endeavours to make all its courses accessible to students. In accordance with the Rights
of Persons with Disabilities Act 2016, the JGU Disability Support Committee (DSC) has
identified conditions that could hinder a student’s overall well-being. These include physical
and mobility related difficulties, visual and hearing impairment, mental health conditions and
intellectual/learning difficulties e.g., dyslexia, dyscalculia. Students with any known disability
needing academic and other support are required to register with Disability Support
Committee (DSC) by following procedure specified at https://jgu.edu.in/disability-support-
committee/

Students who need support may register any time during the semester up until a month
before the end semester examination begins. Those students who wish to continue receiving
support from the previous semester, must re-register within the first month of a semester.
Last minute registrations and support might not be possible as sufficient time is required to
make the arrangements for support. The DSC maintains strict confidentiality about the
identity of the student and the nature of their disability and the same is requested from faculty
members and staff as well. The DSC takes a strong stance against in-class and out-of-class
references made about a student’s disability without their consent and disrespectful
comments referring to a student’s disability.

All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make
sure that all students collectively benefit from the course, and do not feel disturbed due to
either the content of the course or the conduct of the discussions. Therefore, it is incumbent
upon all within the classroom to pledge to maintain respect towards our peers. This does not
mean that you need to feel restrained about what you feel and what you want to say.
Conversely, this is about creating a safe space where everyone can speak and learn without
inhibitions and fear. This responsibility lies not only with students, but also with the teacher.

Note: The teacher, as part of introducing the course manual, will discuss the scope of the Safe
Space Pledge with the class.

Other policies: More specific policies may be added by each teacher as per their decision.

7
 PART IV

Weekly Course Outline

Introduction
1-2

Investigation of Crimes
3-4

Processes to Compel Appearance of Accused

5-6
Processes to Compel Production of Things

Law of Bail
7-8

Custody and Conclusion of Investigation

9 - 11
Commencement of Judicial Proceedings

12 Framing of Charges

13 - 14 Trial

15 Judgment and Sentencing

8
 Lecture Readings

Weeks Topics and Readings

1-2 Module I - Introduction

 Due Process and Crime Control models of criminal procedure: a theoretical

framework
 Functional jurisdiction and hierarchy of criminal trial courts
 Other functionaries and their roles: police – public prosecutors – defense
counsels – prisons
 Classification of offences and their logic: cognizable and non-cognizable, bailable
and non-bailable, summons and warrants cases

Relevant statutory provisions

1. CrPC – Ss 2 and 6 - 29 (relevant sub-Ss only), and 303 - 304
2. BNSS – S 341 and changes regarding trial courts composition

Mandatory reading: Summary of Herbert Packer, ‘Two Models of the Criminal

Process’ (1964) 113 University of Pennsylvania Law Review 1

3-4 Module II - Investigation of Crimes

 FIR in cognizable cases and preliminary inquiry

 Role of police in non-cognizable cases
 Relevant police powers and procedures during investigation
 Supervision of investigation by magistrates
 Examination and recording of accused/witness statements by police/magistrates
– evidentiary value (briefly) and the right against self-incrimination
 Police Diary
 Basics on quashing of FIRs by High Courts

Relevant statutory provisions

1. Constitution – Art 20(3)
2. CrPC – Ss 154 - 164 (only sub-s (1) of S 162 is significant), 172, 463, 482
3. BNSS – Ss 173, 174(1)(ii), 175(3), 176(3), provisos to 179, first two provisos to 183

9
 Mandatory readings
1. Lalita Kumari v. Government of UP (2014) 2 SCC 1
2. Yanub Sheikh v. State of WB (2013) 6 SCC 428
3. Anju Chaudhary v. State of UP (2013) 6 SCC 384
4. State of Haryana v. Bhajan Lal, 1992 Supp. (1) SCC 335
5. Sakiri Vasu v. State of UP (2008) 2 SCC 409
6. Nandini Satpathy v. PL Dani (1978) 2 SCC 424
7. Ajmal Kasab v. State of Maharashtra (2012) 9 SCC 1
8. Mahabir Singh v. State of Haryana (2001) 7 SCC 148
9. Joginder Nahak v. State of Orissa (2000) 1 SCC 272

Suggested readings
1. State of Telangana v. Sarveshwar Reddy (Crim Appeal No. 1662/2019)
2. Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1
3. State of WB v. Swapan Kumar Guha (1982) 1 SCC 561
4. Shivappa v. State of Karnataka (1995) 2 SCC 76

5-6 Module III - Processes to Compel Appearance of Accused

 Arrest to ensure accused’s presence during investigation and at the trial

 Rights of arrested persons
 Summons to secure presence of accused/witness
 Bailable and non-bailable warrants to arrest and relevant procedures

Relevant statutory provisions

1. Constitution – Arts 21, 22 (1) and (2)
2. CrPC – Ss 41 - 42, 46 - 47, 49 - 51, 53 - 54A, 55A - 60A, 61 - 62, 64, 70 - 76, 87
3. BNSS – Ss 35, 36(c), 43(3), 51(1) and (3), 53(1)’s first proviso, 58, 63-64, 66, 70(3)

Mandatory readings
1. Joginder Kumar v. State of UP, 1994 SCC (4) 260
2. DK Basu v. State of WB, AIR 1997 SC 610
3. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

Suggested readings
1. State of MH v. Christian Community Welfare Council (2003) 8 SCC 546
2. Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443
3. Criminal Procedure (Identification) Act 2022 and the Rules

10
 Module IV - Processes to Compel Production of Things

 Summons as the first non-intrusive process

 Search and seizure with and without warrant
 Magistrate’s role and police powers during such process
 Constitutional and procedural issues relating to electronic devices

Relevant statutory provisions

1. CrPC – Ss 91, 93, 100, 102-104, 165
2. BNSS – Ss 94(1), 105, 107 (only the crux), 185

Mandatory readings
1. VS Kuttan Pillai v. Ramakrishnan, AIR 1980 SC 185
2. Ram Ramaswamy and Ors v. UOI, WP(Crl) No. 138/2021
3. Abhinav Sekhri, ‘On Digital Devices and Criminal Investigations’ (The India
Forum, 3 December 2022)

Suggested readings
1. Radha Kishan v. State of UP, AIR 1963 SC 822
2. Manish Dixit v. State of Rajasthan (2000) 1 SCC 596
3. Shyam Lal Sharma v. State of MP (1972) 1 SCC 764
4. Virendra Khanna v State of Karnataka (Ktaka HC 2021)

7-8 Module V - Law of Bail

 What is a bail bond? And related rules

 Regular bail: case law on judicial discretion in non-bailable cases
 The reality of “bail, not jail”: rights of under-trial prisoners
 Anticipatory bail
 Bail conditions and cancellation of bail
 Powers of magistrate, sessions courts, and High Courts

Relevant statutory provisions

1. CrPC – Ss 436, 436A, 437, 438-439, 440-442, 445, 446A
2. BNSS – Ss 2 (relevant sub-Ss only), 479, 480, 482

Mandatory readings
1. State of Rajasthan v. Balchand (1977) 4 SCC 308
2. Satender Kumar Antil v. CBI (2022) 10 SCR 351
3. Vipan Kumar Dhir v. State of Punjab (2021) 15 SCC 518
4. Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1
11
 Suggested readings
1. Gudikanti Narsimhulu v. Public Prosecutor (1978) 1 SCC 240
2. State v. Jaspal Singh (1984) 3 SCC 555
3. P Chidambaram v. ED, AIR 2020 SC 1699 (INX Media)
4. Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565
5. Sandeep Suresh & Aashna Gupta, ‘Arnab Goswami and Ors: The Discontents of
Adjudicating Criminal Procedure under Article 32’ (2022) 15(3-4) NUJS Law
Review 240.
6. Malika Galib Shah & Vaibhav Chadha, ‘Evolution of Law on Anticipatory Bail in
India (2021) 12 (1) Janus.net, E-journal of International Relations’ 251
7. Salman Khurshid et al (eds), Taking Bail Seriously: The State of Bail
Jurisprudence in India (Lexis Nexis 2020)

9 - 11 Module VI - Custody and Conclusion of Investigation

 Remand and relevant procedural rules/principles

 Two types of custody: police and judicial
 Right to default/statutory bail
 Police report on completion of investigation
 Further investigation after filing such report
 Protest petition against closure reports

Relevant statutory provisions

1. CrPC – Ss 167, 169, 170, 173, 190
2. BNSS – Ss 187(2) and (3), proviso to 190(1), 193(3)(ii), 193(8), 193(9)

Mandatory readings
1. CBI v. Anupam Kulkarni, AIR 1992 SC 1768
2. V Senthil Balaji v. ED (2023 INSC 677) (doubting Anupam Kulkarni)
3. ED v. Kapil Wadhawan (2023) 5 SCR 918
4. Sanjay Dutt v. State (1994) 5 SCC 410
5. Aslam Desai v. State of Maharashtra (1992) 4 SCC 272
6. Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537

Suggested readings
1. Uday Mohan Acharya v. State of Maharashtra (2001) 5 SCC 453
2. Abhinandan Jha v. Dinesh Mishra, AIR 1968 SC 117

Module VII - Commencement of Judicial Proceedings

12
  Cognizance of offences by magistrates
 Magistrate’s power to order further investigation post-cognizance
 Procedure relating to private complaint cases
 Committal of cases to Sessions Court
 Sessions Court’s power to summon additional accused

Relevant statutory provisions

1. CrPC – Ss 190, 192-193, 200-205, 207-209
2. BNSS – Ss 230, first proviso to Sec 223, provisos to 232, proviso to 193(9)

Mandatory readings
1. HS Bains v. UT of Chandigarh (1980) 4 SCC 631
2. Vinubhai Malaviya v. State of Gujarat (2019) 15 SCR 936
3. Kishun Singh v. State of Bihar (1993) 2 SCC 16

Suggested readings
1. DL Reddy v. VN Reddy (1976) 3 SCC 252
2. Kewal Krishnan v. Suraj Bhan (1980) Supp. SCC 499
3. Dharam Pal v. State of Haryana (2014) 3 SCC 306

12 Module VIII - Framing of Charges

 Basic rules
 Alteration of charges
 Conviction of an offence not charged with
 Joinder of charges
 Effect of omission to frame or absence of or error in charges
 Standards of judicial discretion during framing or otherwise and rights of accused

Relevant statutory provisions

1. CrPC – Ss 211 - 228
2. BNSS – Ss 242(1), 250(1), 251(1)(b)

Mandatory readings
1. Kamil v. State of UP, AIR 2019 SC 45
2. UoI v. Prafulla K Samal (1979) 3 SCC 4
3. State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568

Suggested readings

13
 1. William Slaney v. State of Maharashtra, AIR 1956 SC 116
2. Nitya Dharmananda v. Gopal Sheelum Reddy (2018) 2 SCC 93

13 - 14 Module IX - Trial

 Basics of double jeopardy and other elements of fair trial

 Trials before sessions court, and magistrates
 Summary trial
 Statements of accused during trial and the right against self-incrimination
 Summoning of additional accused
 Trial court’s authority to summon independent witness and recall witnesses

Relevant statutory provisions

1. Constitution – Art 20(2)
2. CrPC – Ss 229 - 235, 238 - 249, 251 - 257, 260 - 264, 300, 309, 311, 313, 315, 319
3. BNSS – Ss 254’s proviso, 262(1), 263(1), 269(7), 272, proviso to 274, 283(1) and
(2), 316(4)’s proviso, 346(2), 398 (witness protection scheme), 530

Mandatory readings
1. Nar Singh v. State of Haryana (2015) 1 SCC 496
2. Hardeep Singh v. State of Punjab (2014) 3 SCC 92
3. Sukhpal Singh Khaira v. State of Punjab (2022) 10 SCR 156

Suggested reading: Tara Singh v. State, AIR 1951 SC 441

15 Module X - Judgment and Sentencing

 Requirements and finality of trial court judgments

 Sentencing hearing and issues
 Confirmation of death sentences by High Courts

Relevant statutory provisions

1. CrPC – Ss 353 - 354, 362 - 363, 366 - 368
2. BNSS – Ss 258(1), 392

Suggested readings
1. Mukhtiar Singh v. State of Punjab (1995) 1 SCC 760
2. Santa Singh v. Punjab (1976) 4 SCC 190

14
 Suggested ‘Optional’ Topics for Discussion

 Proclaimed offenders
 Withdrawal of prosecution, compounding of offences, and plea bargaining
 Prevention of crimes, and maintenance of law and order
 Appeals, revision, reference, and powers of appellate/revisionary courts
 Transfer of trials
 Inherent powers of High Courts u/s 482 beyond quashing of FIRs
 Remission and commutation of sentences
 Other undiscussed aspects of BNSS 2023

15