Name of The Comparative Criminal

Course Procedure

Course Code

Prerequisite Penal and Procedural

Criminal Laws

Corequisite

Antirequisite

L T P C

2 1 0 3

Course Objectives

The objective of the course is to study some basic types of Criminal Justice Administration from Comparative point
of view. The comparative study between adversarial and inquisitorial system may highlight grey areas in both these
systems and point out areas wherein both systems may benefit from each other. The administration of criminal
justice adopted in India, U.S., U.K and EU nations regarding the areas identified below will be the primary focus of
the study of this course. The purpose of the comparative study is to find out in what are the procedural distinctions
in the investigation, trial and sentencing with respect to the Indian Law-making process for administering criminal
justice. This course also focuses on the powers and functions of the Police, Prosecutors, Defense Attorneys and
Judges in different jurisdictions.

Course Outcomes

CO1 Understand different concepts relating to criminal

procedure dealt under Criminal Procedure Code in
India, and other important jurisdictions such as
U.K and U.S.A, European Union etc.

CO2 To study some basic types of Criminal Justice

Administration, viz. adversarial and inquisitorial.

CO3 Students will be able to analyze and find out the

changing scenario with respect to tackling the
procedures in criminal law and grey areas where
changes are required.

CO4 Students will acquire the Knowledge of important

features of Criminal Procedure and Evidence Law
with a Comparative Point of View.

CO5 Students will be able to critically evaluate

Criminal Procedure keeping in view the
requirements of Human Rights and Rule of Law.

CO6 Students will be able to suggest appropriate

 changes in Criminal Procedure

Continuous Assessment Pattern

CIE Weightage End Term Exam

(ETE) Weightage
Type of Course

IA 1 IA 2 Mid Term Exam

Theory (T) 25 25 50 50

Final Weightage 25 25 50

Total 100

Course Content:

Unit I: General Principles of Criminal Procedure 6 Lectures

a. Access to Justice

b. Principles of Fair Trial

c. Presumption of Innocence and Threats to the presumption of innocence doctrine

d. Exclusion of accused without trial, i.e. compounding of offences, withdrawl from prosecution, plea-
bargaining, etc.

Unit II-

Organisation of Courts and Pre-trial Prosecuting Agencies- 9 Lectures

a. Criminal Courts – Hierarchy and their Jurisdiction

b. Nyaya Panchayats in India and Panchayats in Tribal areas

c. Prosecutors and the Police: Roles and Functions

d. Arrest: Procedure and questioning of accused

e. The Rights of the accused

 Unit III- 9 Lectures

Trial Procedures-Constitution of criminal courts, kinds of trials, etc.-

a. The accusatory system of trial and the inquisitorial system

b. Hierarchy of criminal courts and their jurisdiction

c. Role of the judge, the prosecutor and defence counsel in the trial

d. Different kinds of trials

e. Appeal of the court in awarding appropriate punishment

f. Custody, remand and bail

Unit IV- 6 Lectures

Admissibility of Evidence

a. Res Gestae

b. Admission and Confession

c. Dying Declaration

d. Expert Evidence and Forensic Evidence etc.

Suggested Reading

1. Celia Hamptom,

2. Criminal Procedure Wilkins and Cross,

3. Outline of the Law of Evidence Archbold, Pleading,

4. Evidence and Practice in Criminal Cases Sarkar,

5. Law of Evidence K.N.ChandrasekharanPillai(ed.),

6. R.V. Kelkar's Outlines of Criminal Procedure (2000), Eastern, Law 225 Lucknow. Patric Devlin,

7. The Criminal Prosecution in England American Series of Foreign Penal Codes Criminal Procedure Code of
People's Republic of China.

8. John N. Ferdico, Criminal Procedure (1996), West Sanders & Young,

9. Criminal Justice (1994) Christina Van Den Wyngart,

10. Criminal Procedure Systems in European Community Joel Samaha, Criminal Procedure (1997),

11. West Criminal Procedure Code,1973

12. The French Code of Criminal Procedure,

13. 14th and 41st Reports of Indian Law Commission. The Paper will be taught with reference, wherever
necessary, to the procedures in India, England and USA.

14. Malimath Committee Report, 2003.